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The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

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Scottish Statutory Instruments

2019 No. 124

Exiting The European Union

Plant Health

The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

Made

28th March 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by—

(a)in relation to Part 1, the provisions mentioned in paragraphs (b) and (c),

(b)in relation to Part 2, section 2(2) of the European Communities Act 1972(1), and

(c)in relation to Parts 3 to 6, paragraph 1(1) and (3) of schedule 2 and paragraph 21 of schedule 7 of the European Union (Withdrawal) Act 2018(2).

In accordance with with paragraph 2(2) of schedule 2 of the European Communities Act 1972, and paragraph 1(6) of schedule 7 of the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

PART 1Introductory

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 and come into force—

(a)as regards this Part and Part 2, on 29 March 2019, and

(b)as regards Parts 3 to 6, on exit day.

(2) Subject to paragraph (3), these Regulations extend to Scotland only.

(3) In so far as regulations 20, 24, 40, 42, 43, 51, 59 and 60 extend beyond Scotland, they do so only as a matter of Scots law.

PART 2Miscellaneous provision

Amendment of the Plant Health (Scotland) Order 2005

2.  The Plant Health (Scotland) Order 2005(3) is amended in accordance with regulations 3 to 15.

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

(a)for the definition of “Directive 98/57/EC” substitute—

Directive 98/57/EC” means Council Directive 98/57/EC on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.(4), as last amended by Commission Directive 2006/63/EC(5);,

(b)after the definition of” official statement” insert—

Phytophthora ramorum” means Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov.:,

(c)for the definition of “Potato Cyst Nematode” substitute—

“Potato Cyst Nematode means” means any cyst-forming nematode of the species Globodera pallida Stone Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes or virulents group or pathotypes of such nematode;

(d)after the definition of “third country” omit “and”, and

(e)after the definition of “USA” insert—

and

“ware potato” means a potato, other than a seed potato.

4.  After article 31, insert—

Duty to perform official surveys (Phytophthora ramorum).

31A.  An inspector must perform an official survey for Phytophthora ramorum, including of both cultivated plants and uncultivated, or unmanaged, plants, to determine whether there is evidence of infestation by Phytophthora ramorum..

5.  In article 39 (Miscellaneous provisions for certain solanaceous species)—

(a)in paragraph (6) omit “Part A of”,

(b)omit paragraph (7),

(c)in paragraph (9)—

(i)in the words before sub-paragraph (a), omit “either”, and

(ii)after sub-paragraph (a), for “or” substitute “and”,

(d)in paragraph (10)—

(i)at the end of sub-paragraph (a)(i), insert “or”,

(ii)at the end of sub-paragraph (a)(ii) omit “or”,

(iii)omit paragraph (a)(iii),

(e)in paragraph (11), for—

(i)“an inspector may” substitute “an inspector must”, and

(ii)“for the purposes of” substitute “in accordance with”.

6.  In schedule 1 (Plant pests which shall not be landed in or spread within Scotland)(6), in Part B (Plant pests known to occur in the European Union), under the heading “Fungi” after item 2, insert—

2a.Phytophthora ramorum.

7.—(1) In schedule 4 (Restrictions on the landing in and movement within Scotland of relevant material)(7), in Part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied), after item 3 insert—

3a.Plants, other than fruit and seeds, of the following genera and species originating in the USA—The plants must be accompanied by an official statement:

Acer macrophyllum Pursh, Acer pseudoplatanus L., Adiantum aleuticum (Rupr.) Paris,

Adiantum jordanii C. Muell., Aesculus californica (Spach) Nutt.,

Aesculus hippocastanum L., Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (L.) Hull, Camellia spp. L.,

Castanea sativa Mill.,

Fagus sylvatica L., Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper,

Fraxinus excelsior L., Griselinia littoralis (Raoul), Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer,

Kalmia latifolia L., Laurus nobilis L.,

Leucothoe spp. D. Don, Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera hispidula (Lindl.) Dougl. ex Torr.&Gray, Magnolia spp. L.,

Michelia doltsopa Buch.-Ham. ex DC,

Nothofagus obliqua (Mirbel) Blume,

Osmanthus heterophyllus (G. Don) P. S. Green,

Parrotia persica (DC) C.A. Meyer,

Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii (Mirbel) Franco,

Quercus spp. L., Rhododendron spp. L., other than Rhododendron simsii Planch.,

Rosa gymnocarpa Nutt.,

Salix caprea L.,

Sequoia sempervirens (Lamb. ex D. Don) Endl., Syringa vulgaris L.,

Taxus spp. L.,

Trientalis latifolia (Hook), Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum Pursh and Viburnum spp. L. (for the purposes of column 3 of this item, “susceptible material”)

(a)

either—

(i)

under the heading “Additional declaration” that the material originates in an area recognised by the official plant health service of the country from which the material originates (“the relevant plant health service”) as being free from non-European isolates of Phytophthora ramorum, in which case the name of the area from where the material originates must be specified under the heading “place of origin”; or

(ii)

that the phytosanitary certificate was issued only after official verification by the relevant plant health service that no signs of non-European isolates of Phytophthora ramorum have been observed on any susceptible material, (except fruit and seeds), at the place of production during official inspections, including during laboratory testing of any suspicious symptoms carried out since the beginning of the last complete cycle of vegetation, and

(b)

the phytosanitary certificate must be issued only after representative samples of the plants have been taken before shipment, and have been tested and found free from non-European isolates of Phytophthora ramorum in these tests, in which case the phytosanitary certificate must be endorsed by the relevant plant health service under the heading “additional declaration” with the statement “tested and found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov..”

(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 41 insert—

42.Plants, other than seeds, of Viburnum spp. L, Camellia spp. or Rhododendron spp. L., other than Rhododendron simsii Planch, intended for planting (for the purposes of column 3, “susceptible material”).The plants must be accompanied by an official statement either that:
(a)

they originate in areas in which Phytophthora ramorum is known not to occur,

(b)

upon official inspection at the place of production, carried out at least twice at an appropriate time when the susceptible material is in active growth, or upon laboratory testing of apparent symptoms of Phytophthora ramorum, no signs of Phytophthora ramorum have been found on the material during the last complete cycle of vegetation, or

(c)

where signs of Phytophthora ramorum have been found on the susceptible material at the place of production, appropriate procedures aimed at eradicating Phytophthora ramorum have been implemented which include at least the following measures:

(i)

the destruction of susceptible material found to be infected by Phytophthora ramorum (“infected material”) and any other susceptible material, including associated growing media and plant debris, within a radius of two metres of the infected material,

(ii)

susceptible material within a radius of ten metres of the infected material and all other susceptible material from the same lot as the infected material have been retained at the place of production and, in the three months following the finding of infection referred to in sub- paragraph (i), have not been subject to any treatments that may suppress symptoms of Phytophthora ramorum and have been found free from Phytophthora ramorum after additional inspections carried out at least twice,

(iii)

all other susceptible material at the place of production has been inspected frequently following the finding of infection referred to in sub-paragraph (i) and found on such inspection to be free from Phytophthora ramorum, and

(iv)

appropriate phytosanitary measures have been taken within a radius of two metres from where infected plants have been standing..

8.  In schedule 5 (Relevant material from a third country for which a phytosanitary certificate may be required)(8), in Part A (relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate), after paragraph 9 insert—

10.  Plants of Acer macrophyllum Pursh, Acer pseudoplatanus L., Adiantum aleuticum (Rupr.) Paris, Adiantum jordanii C. Muell., Aesculus californica (Spach) Nutt., Aesculus hippocastanum L., Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (L.) Hull, Camellia spp. L., Castanea sativa Mill., Fagus sylvatica L., Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper, Fraxinus excelsior L., Griselinia littoralis (Raoul), Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer, Kalmia latifolia L., Laurus nobilis L., Leucothoe spp. D. Don, Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera hispidula (Lindl.) Dougl. ex Torr.&Gray, Magnolia spp. L., Michelia doltsopa Buch.-Ham. ex DC, Nothofagus obliqua (Mirbel) Blume, Osmanthus heterophyllus (G. Don) P. S. Green, Parrotia persica (DC) C.A. Meyer, Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii (Mirbel) Franco, Quercus spp. L., Rhododendron spp. L., other than Rhododendron simsii Planch., Rosa gymnocarpa Nutt., Salix caprea L., Sequoia sempervirens (Lamb. ex D. Don) Endl., Syringa vulgaris L., Taxus spp. L., Trientalis latifolia (Hook), Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum Pursh and Viburnum spp. L., originating in the USA..

9.  In schedule 6 (Prohibitions on landing in and movement within Scotland of relevant material without a plant passport)(9), 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), after paragraph 13 insert—

14.  Plants of Acer macrophyllum Pursh, Acer pseudoplatanus L., Adiantum aleuticum (Rupr.) Paris, Adiantum jordanii C. Muell., Aesculus californica (Spach) Nutt., Aesculus hippocastanum L., Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (L.) Hull, Camellia spp. L., Castanea sativa Mill., Fagus sylvatica L., Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper, Fraxinus excelsior L., Griselinia littoralis (Raoul), Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer, Kalmia latifolia L., Laurus nobilis L., Leucothoe spp. D. Don, Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera hispidula (Lindl.) Dougl. ex Torr.&Gray, Magnolia spp. L., Michelia doltsopa Buch.-Ham. ex DC, Nothofagus obliqua (Mirbel) Blume, Osmanthus heterophyllus (G. Don) P. S. Green, Parrotia persica (DC) C.A. Meyer, Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii (Mirbel) Franco, Quercus spp. L., Rhododendron spp. L., other than Rhododendron simsii Planch., Rosa gymnocarpa Nutt., Salix caprea L., Sequoia sempervirens (Lamb. ex D. Don) Endl., Syringa vulgaris L., Taxus spp. L., Trientalis latifolia (Hook), Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum Pursh and Viburnum spp. L., originating in the USA.

15.  Plants, other than seeds, intended for planting , of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch, and Viburnum spp. originating in any third country, other than the USA, or in the European Union..

10.  In schedule 7 (Prohibitions on the consignment of relevant material to another part of the European Union without a plant passport)(10), in Part A (Relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport), after paragraph 13 insert—

14.  Plants of Acer macrophyllum Pursh, Acer pseudoplatanus L., Adiantum aleuticum (Rupr.) Paris, Adiantum jordanii C. Muell., Aesculus californica (Spach) Nutt., Aesculus hippocastanum L., Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (L.) Hull, Camellia spp. L., Castanea sativa Mill., Fagus sylvatica L., Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper, Fraxinus excelsior L., Griselinia littoralis (Raoul), Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer, Kalmia latifolia L., Laurus nobilis L., Leucothoe spp. D. Don, Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera hispidula (Lindl.) Dougl. ex Torr.&Gray, Magnolia spp. L., Michelia doltsopa Buch.-Ham. ex DC, Nothofagus obliqua (Mirbel) Blume, Osmanthus heterophyllus (G. Don) P. S. Green, Parrotia persica (DC) C.A. Meyer, Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii (Mirbel) Franco, Quercus spp. L., Rhododendron spp. L., other than Rhododendron simsii Planch., Rosa gymnocarpa Nutt., Salix caprea L., Sequoia sempervirens (Lamb. ex D. Don) Endl., Syringa vulgaris L., Taxus spp. L., Trientalis latifolia (Hook), Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum Pursh and Viburnum spp. L., originating in the USA.

15.  Plants, other than seeds, intended for planting, of Camellia spp., Rhododendron spp., other than Rhododendron simsii Planch, and Viburnum spp. originating in any third country, other than the USA, or in the European Union..

11.  In schedule 8 (Swiss plant passports)(11), in Part A (Relevant material originating in Switzerland which may be landed in or moved within Scotland if accompanied by a Swiss plant passport), after pararagraph 4A, insert—

4B.  Plants, other than seeds, intended for planting, of Camellia spp., Rhododendron spp., other than Rhododendron simsii Planch, and Viburnum spp.

12.  In schedule 14 (Special measures for the control of Potato Wart Disease)—

(a)in paragraph 1, after “Synchytrium endobioticum (Schilb.) Perc.” insert “(for the remainder of this schedule referred to as “Synchytrium endobioticum)”, and

(b)in paragraph 3, for “may” substitute “must”.

13.  In schedule 15(12) (Special measures for the control of Potato Cyst Nematode)—

(a)after paragraph 10 insert—

10A.  An inspector must by notice in writing designate as contaminated any potatoes or plants listed in schedule 15A which—

(a)have come from a sampling unit officially recorded under paragraph 7 as infested with Potato Cyst Nematode; or

(b)have come into contact with soil in which Potato Cyst Nematode was found.,

(b)in paragraph 11—

(i)for the words before sub-paragraph (a) substitute “Where any potatoes or plants listed in Schedule 15A have been designated as contaminated under paragraph 10A”,

(ii)at the end of sub-paragraph (b) omit “and”,

(iii)after sub-paragraph (c) omit the full stop and insert—

and

(d)in the case of potatoes intended for industrial processing or grading, these must not be moved except in accordance with an authorisation given under paragraph 11A.,

(c)after paragraph 11, insert—

11A.  An inspector may authorise the movement of potatoes designated as contaminated under paragraph 10A for the purposes of industrial processing or grading providing that such authorisation—

(a)is given by notice in writing; and

(b)requires the potatoes to be delivered to a processing or grading plant that has appropriate and officially approved waste disposal procedures that ensure that there is no risk of Potato Cyst Nematode spreading., and

(d)after paragraph 12, insert—

Further investigations

13.  If any suspected occurrence or confirmed presence of Potato Cyst Nematode in Scotland results from a breakdown or change in the effectiveness of a resistant potato variety which relates to an exceptional change in the composition of nematode species, pathotype or virulence group, the Scottish Ministers must ensure that this occurrence is investigated and, where applicable, the pathotype and virulence group of the Potato Cyst Nematode involved is confirmed by appropriate methods..

14.  In schedule 16 (Special measures for the control of Potato Ring Rot)—

(a)in paragraph 1, at the end of the definition of “basic seed potatoes”—

(i)omit “and”, and

(ii)insert—

“official testing” means testing in an official laboratory or an officially supervised laboratory; and,

(b)after paragraph 1, insert—

Official surveys and testing

1A.  The Scottish Ministers must ensure that systematic official surveys for Potato Ring Rot are carried out on tubers of Solanum tuberosum L. and, where appropriate, on plants of Solanum tuberosum L., originating in Scotland in accordance with Article 2(1) of Directive 93/85/EEC(13).

1B.  Where the presence of Potato Ring Rot in specified plant material is suspected, the Scottish Ministers must ensure that—

(a)official testing is carried out using the method set out in Annex 1 to Directive 93/85/EEC and in accordance with the conditions specified in point 1 of Annex 2 to Directive 93/85/EEC to confirm or refute its presence;

(b)the following are retained and appropriately conserved pending completion of the official testing—

(i)all tubers samples, and wherever possible, all plants sampled;

(ii)any remaining extract and additional preparation material for the screening tests;

(iii)all relevant documentation; and

(c)pending the confirmation or refutation of its presence, where suspect diagnostic visual symptoms of Potato Ring Rot have been seen or symptoms of Potato Ring Rot have been identified by a positive immunofluorescence test or other appropriate positive test—

(i)the movement of all lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of Potato Ring Rot spreading;

(ii)steps are taken to trace the origin of the suspected occurrence; and

(iii)additional appropriate precautionary measures based on the level of estimated risk to prevent any spread of the plant pest are taken.

1C.  A notice under article 32 may contain measures for the purposes of paragraph 1B(c)(i) to (iii).

Measures to be taken following the confirmation of the presence of Potato Ring Rot

1D.  If the presence of Potato Ring Rot is confirmed in a sample of specified plant material following official testing carried out pursuant to paragraph 1B(a) or 1E, the Scottish Ministers must ensure that—

(a)the specified plant material, the consignment or lot and any object from which the sample was taken and, where appropriate, the place of production and field from which the specified plant material was harvested is designated as contaminated by an inspector;

(b)an inspector determines the extent of the probable contamination through pre- or post-harvest contact or through any production link with anything designated as contaminated under sub-paragraph (a), taking into account the provisions in point 1 of Annex 3 to Directive 93/85/EEC;

(c)a zone is demarcated by an inspector on the basis of the designation made under sub-paragraph (a), taking into account the provisions in point 2 of Annex 3 to Directive 93/85/EEC.

1E.  Where specified plant material has been designated as contaminated under paragraph 1D(a), the Scottish Ministers must ensure that testing is carried out on potato stocks which are clonally related to that specified plant material in the manner specified in paragraph 1B in order to determine the probable primary source of infection and the extent of the probable contamination.

1F.  Any such testing must be carried out on as much specified plant material as is necessary to determine the probable primary source of infection and the extent of the probable contamination.

1G.  Where any specified plant material or object is determined by an inspector under paragraph 1D(b) to be probably contaminated, the inspector must designate that material or object as probably contaminated.

1H.  Any designation by an inspector under paragraph 1D(a) or 1G must be by notice served under article 32..

(c)in paragraph 2—

(i)in the words before sub-paragraph (a) for “for the purposes of Article 5(1)(a) of Directive 93/85/EEC” substitute “in accordance with paragraph 1D(a)”, and

(ii)in sub-paragraph (b) for “may” substitute “must”,

(d)in paragraph 3(b) for “paragraph” substitute “point”.

(e)in paragraph 4—

(i)in the words before sub-paragraph (a) for “for the purposes of Article 5(1)(b) of Directive 93/85/EEC” substitute “in accordance with paragraph 1G, an inspector must serve a notice under article 32 requiring that”, and

(ii)in sub-paragraph (b)—

(aa)for “a notice under article 32 may require the material to” substitute “the material must”

(bb)for “paragraph” substitute “point”,

(f)in paragraph 6—

(i)for the words before sub-paragraph (a) substitute “Where any machinery, vehicle, vessel, store or any part of such machinery, vehicle, vessel or store, or any object (including packaging material) has been designated by an inspector as contaminated in accordance with paragraph 1D(a) or as probably contaminated in accordance with paragraph 1G, an inspector must serve a notice requiring that it is—”, and

(ii)in sub-paragraphs (a) and (b) omit “be”

(g)for paragraph 8 substitute—

8.  Without prejudice to paragraph 6 or to any other measures which may be required by an inspector under this Order, where a place of production has been designated as contaminated by an inspector in accordance with paragraph 1D(a), the inspector must serve a notice under article 32 which complies with the applicable requirements of paragraph 9 to 16.

(h)in paragraph 9—

(i)for “for the purposes of Article 5(1)(a) of Directive 93/85/EEC” substitute “in accordance with paragraph 1D(a)”, and

(ii)for “may” substitute “must”,

(i)in paragraph 10, at the end of sub-paragraph (b) insert “, and that the harvested tubers be subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC”,

(j)after paragraph 10, insert—

10A.  Where an inspector serves a notice requiring the measures specified in paragraph 10, the Scottish Ministers must ensure that an official survey is carried out in relation to the field in which potatoes mentioned in paragraph 10(c) are planted, in accordance with Article 2 of Directive 93/85/EEC.;

(k)in paragraph 11, at the end of sub-paragraph (b) insert “, and that the harvested tubers be subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC”,

(l)in paragraph 12—

(i)in the words before sub-paragraph (a)—

(aa)for “is satisfied” to “Directive 93/85/EEC”, substitute “has designated a place of production as contaminated in accordance with paragraph 1D(a)”, and

(bb)for “may” substitute “must”,

(ii)for sub-paragraph (a) substitute—

(a)in the cases where an inspector is satisfied that the risk of volunteer potato plants and other naturally-found host plants of Potato Ring Rot has been eliminated, that from the date of receipt of the notice until the end of the next consecutive growing year, the following shall not be planted—

(i)tubers, plants or true seed of potato;

(ii)naturally found host plants of Potato Ring Rot; or

(iii)pre-basic seed potatoes or basic seed potatoes, except for the production of ware potatoes only;

(iii)in sub-paragraph (b) for “for the purposes of Article 5(1)(a) of Directive 93/85/EEC” substitute “in accordance with paragraph 1D(a)”,

(iv)in sub-paragraph (d) at the end, insert “ and that official testing be carried out on harvested tubers in each field using the method set out in Annex 1 to Directive 93/85/EEC”,

(m)in paragraph 13—

(i)in the words before sub-paragraph (a)—

(aa)for “is satisfied” to “Directive 93/85/EEC” substitute “has designated a place of production as contaminated in accordance with paragraph 1D(a)”,

(bb)after “in that unit” insert “the inspector must serve a notice requiring that”,

(ii)omit sub-paragraph (b) and the preceding “and”,

(n)for paragraph 14 substitute—

14.  An inspector may not grant an authorisation under paragraph 13 unless—

(a)all of the measures to eliminate Potato Ring Rot and to remove all host plants which are specified in a notice in relation to the place of production in which the unit of protected crop production is situated have been complied with;

(b)the growing medium in the unit has been completely changed; and

(c)the unit and all equipment used on the unit has been cleansed and disinfected to eliminate Potato Ring Rot and to remove all host plant material.,

(o)in paragraph 16—

(i)for “Where” substitute “Except where the Scottish Ministers have served a notice under paragraph 18, in cases where”, and

(ii)for “for the purposes of Article 5(1)(a) of Directive 93/85/EEC” substitute “in accordance with paragraph 1D(a)”,

(p)after paragraph 16 insert—

17.  Paragraphs 18 to 24 apply where an inspector has demarcated a zone pursuant to paragraph 1D(c).

18.  The inspector may, by notice, specify—

(a)how long the zone is to remain demarcated; and

(b)the measures which apply in the demarcated zone.

19.  A notice under paragraph 18—

(a)must be in writing;

(b)must describe the extent of the demarcated zone;

(c)must specify the date on which each measure takes effect;

(d)must be published in a manner appropriate to bring it to the attention of the public; and

(e)may be amended, suspended or revoked, in whole or in part, by further notice.

20.  Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this schedule, except where the part which is outside the demarcated zone is not in Scotland.

21.  A notice published in accordance with paragraph 19 is to be treated as having been served on—

(a)any occupier or other person in charge of any premises within the demarcated zone; and

(b)any person who operates machinery or carries out any other activity in relation to the production of potatoes within the demarcated zone.

22.  A notice under paragraph 18 must specify that—

(a)any machinery or storage facilities at premises within the demarcated zone which are used for potato production must be cleansed and disinfected in an appropriate manner so that there is no identifiable risk of Potato Ring Rot surviving or spreading;

(b)during the specified period, only pre-basic seed potatoes or basic seed potatoes or seed potatoes grown under official control may be planted and any seed potatoes grown in a place of production which is possibly contaminated must be officially tested after harvesting; and

(c)during the specified period, potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes.

23.  The inspector must ensure that during the specified period—

(a)premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by an inspector;

(b)an official survey is carried out in accordance with Article 2 of Directive 93/85/EEC;

(c)a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

24.  For the purposes of paragraphs 22 and 23, the “specified period” means the period specified in the notice, which must be at least three growing seasons following the year in which the relevant zone was demarcated..

15.—(1) In schedule 17 (Ralstonia solanacearum), in Part A, (Special measures for the control of Ralstonia solanacearum)—

(a)after paragraph 1, insert—

Official surveys and testing

1A.  The Scottish Ministers must ensure that annual systematic official surveys are carried out to identify the presence of R. solanacearum on specified plant material originating in Scotland in accordance with Article 2 of Directive 98/57/EC(14).

1B.  Where the presence of R. solanacearum is suspected, the Scottish Ministers must ensure that—

(a)official testing is carried out to confirm or refute its presence—

(i)in the case of specified plant material, using the method set out in Annex 2 to Directive 98/57/EC and in accordance with the conditions specified in point 1 of Annex 3 to Directive 98/57/EC;

(ii)in any other case, using any officially approved method;

(b)pending the confirmation or refutation of its presence, where suspect diagnostic visual symptoms of R. solanacearum have been seen and a positive result in a rapid screening test has been obtained or a positive result in the screening tests specified in point 2 of section 1 and section 3 of Annex 2 to Directive 98/57/EC has been obtained—

(i)the movement of all plants and tubers from all crops, lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of R. solanacearum spreading;

(ii)steps are taken to trace the origin of the suspected occurrence; and

(iii)additional appropriate precautionary measures based on the level of estimated risk are taken to prevent any spread of R. solanacearum.

1C.  A notice under article 32 may contain measures for the purposes of paragraph 1B(b)(i) to (iii).

Measures to be taken following confirmation of the presence of R. solanacearum

1D.  If the presence of R. solanacearum is confirmed following official testing carried out pursuant to paragraph 1B, the Scottish Ministers must ensure that the actions specified in paragraphs 1E to 1G are taken in accordance with sound scientific principles, the biology of R. solanacearum and the relevant production, marketing and processing systems of host plants of R. solanacearum.

1E.  In the case of specified plant material, the actions are—

(a)an investigation by an inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC;

(b)further official testing, including on all clonally related seed potato stocks;

(c)the designation of the following as contaminated by an inspector—

(i)the specified plant material and consignment or lot from which the sample was taken;

(ii)any objects which have been in contact with that sample;

(iii)any unit or field of protected crop production and any place of production of the specified plant material from which the sample was taken;

(d)a determination by an inspector of the extent of probable contamination through pre- or post-harvest contact, through production, irrigation or spraying links or through clonal relationship;

(e)the demarcation of a zone by an inspector on the basis of the designation under sub-paragraph (c), the determination made under sub-paragraph (d) and the possible spread of R. solanacearum in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

1F.  In the case of host plants, other than specified plant material, where the production of specified plant material is identified to be at risk by an inspector, the actions are—

(a)an investigation by an inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC;

(b)the designation by an inspector of host plants from which the sample was taken as contaminated;

(c)a determination of the probable contamination by an inspector;

(d)the demarcation of a zone by an inspector on the basis of the designation under sub-paragraph (b), the determination under sub-paragraph (c) and the possible spread of R. solanacearum in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

1G.  In the case of surface water and associated wild solanaceous host plants where production of specified plant material is identified by an inspector to be at risk through irrigation, spraying or flooding of surface water, the actions are—

(a)an investigation by an inspector to establish the extent of the contamination, which includes an official survey at appropriate times on samples of surface water and, if present, wild solanaceous host plants;

(b)the designation of surface water from which the sample was taken by an inspector, to the extent appropriate and on the basis of the investigation under sub-paragraph (a);

(c)a determination by an inspector of the probable contamination on the basis of the designation under sub-paragraph (b);

(d)the demarcation of a zone by an inspector on the basis of the designation under sub-paragraph (b), the determination under sub-paragraph (c) and the possible spread of R. solanacearum in accordance with point 2(ii) of Annex 5 to Directive 98/57/EC.,

(b)in paragraph 2—

(i)in the words before sub-paragraph (a) for “for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC” substitute “ in accordance with paragraph 1E(c), an inspector must serve a notice under article 32 requiring that”, and

(ii)in sub-paragraph (b)—

(aa)for “a notice under article 32 may require that material to” substitute “the material must”,

(bb)for “paragraph” substitute “point”,

(c)in paragraph 4—

(i)in the words before sub-paragraph (a) for “for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of Directive 98/57/EC” substitute “in accordance with paragraph 1E(d), an inspector must serve a notice under article 32 requiring that”,

(ii)in sub-paragraph (b)—

(aa)for “a notice under article 32 may require that material to” substitute “the material must”,

(bb)for “paragraph” substitute “point”,

(d)in paragraph 6—

(i)for the words before sub-paragraph (a) substitute—

A notice under article 32 must require that any machinery, vehicle, vessel, store, or any part of such machinery, vehicle, vessel or store and any other object, including packaging material designated by any inspector to be contaminated in accordance with paragraph 1E(c), or probably contaminated in accordance with paragraph 1E(d) or 1F(c), must either,

(ii)in sub-paragraph (b), after “R. solanacearum” insert “surviving or”,

(e)for paragraph 8, substitute—

8.  Without prejudice to paragraph 6 or to any other measures which may be required by an inspector under this Order, in relation to a place of production which has been designated by an inspector as contaminated in accordance with paragraph 1E(c) and which is in a zone which has been demarcated by an inspector in accordance with paragraph 1E(e), IF(d) or 1G(d) the inspector must serve a notice under article 32 which complies with the applicable requirements of paragraph 9 to 16.,

(f)in paragraph 9—

(i)for “for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC” substitute “in accordance with paragraph 1E(c)”,

(ii)for “may” substitute “must”,

(g)in paragraph 10(b)—

(i)after “potato” where it first occurs, insert “or tomato”,

(ii)for “free” substitute “found to be free, during official inspections,” and

(iii)at the end insert “, and that harvested tubers or tomato plants be subjected to official testing using the method set out in Annex 2 to Directive 98/57/EC”,

(h)in paragraph 11(b) after “seed or ware production” insert—

in circumstances where—

(i)the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of R. solanacearum, for at least the two consecutive growing years prior to planting; and

(ii)that harvested tubers or tomato plants have been subjected to official testing using the method set out in Annex 2 to Directive 98/57/EC.,

(i)in paragraph 12—

(i)in the words before sub-paragraph (a)—

(aa)for “for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC” substitute “in accordance with paragraph 1E(c)”,

(bb)at the end insert “, the notice referred to in paragraph 8 must require that”,

(ii)omit sub-paragraph (b),

(j)for paragraph 13 substitute—

13.  An inspector may not grant an authorisation under paragraph 12(a) unless—

(a)all of the measures to eliminate R. solanacearum and to remove all host plants which are specified in a notice in relation to the place of production in which the unit is situated have been complied with;

(b)the growing medium in the unit has been completely changed; and

(c)the unit and all equipment used on the unit has been cleansed and disinfected to eliminate R. solanacearum and to remove all host plant material.

(k)in paragraph 15—

(i)for “for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC” in each place where it occurs, substitute “in accordance with paragraph 1E(c)”,

(ii)in the words before sub-paragraph (a) for “may” substitute “ must”,

(iii)after sub-paragraph (c) omit “and”

(iv)after sub-paragraph (d) insert—

and

(e)official inspections of growing crops at appropriate times and official testing of harvested potatoes are carried out in accordance with the method set out in Annex 2 to Directive 98/57/EC.,

(l)in paragraph 16, in the words before sub-paragraph (a)—

(i)for “Where” substitute “Except where the Scottish Ministers have published a notice under Part B, where”,

(ii)for “for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC” substitute “in accordance with paragraph 1E(c)”,

(iii)for “may” substitute “must”,

(2) In schedule 17, in Part B (Demarcation of zones for the control of Ralstonia Solanacearum)—

(a)in paragraph 1, for “article 39(7)” substitute “paragraphs 1E(e), IF(d) or 1G(d) of Part A of this Schedule”,

(b)in paragraph 6—

(i)in the words before sub-paragraph (a)(i), for “for the purposes of Article 5(1)(a)(iv) of Directive 98/57/EC” substitute “in accordance with paragraph 1E or 1F of Part A of this Schedule”,

(ii)in sub-paragraph (a)(i), for “stores” substitute “storage facilities”,

(iii)in sub-paragraph (a)(iii), at the beginning, insert “during the specified period”,

(iv)in sub-paragraph (a)(iv), after “in the zone,” insert “during the specified period”, and

(v)in sub-paragraph (b) for “for the purposes of Article 5(1)(c)(ii) of Directive 98/57/EC” substitute “ in accordance with paragraph 1G of Part A of this Schedule”,

(c)after paragraph 6 insert—

7.  The Scottish Ministers must ensure that during the specified period—

(a)premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by inspectors;

(b)an official survey is carried out in accordance with Article 2 of Directive 98/57/EC;

(c)a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

8.  For the purposes of paragraphs 6 and 7, “the specified period” means the period specified in the notice referred to in paragraph 1, which must be at least three growing seasons following the year in which the relevant zone was demarcated..

Revocation of the Plant Health (Phytophthora ramorum) (Scotland) Order 2004

16.  The Plant Health (Phytophthora ramorum) (Scotland) Order 2004(15) is revoked.

Consequential amendment to the Plant Health Fees (Scotland) Regulations 2008

17.  In the Plant Health Fees (Scotland) Regulations 2008(16), in regulation 2 (interpretation)—

(a)in the definition of “authority”, omit “article 8 of the 2004 Order or, as the case may be, under”, and

(b)omit the definition of “the 2004 Order”.

PART 3

Amendment of the Plant Health (Scotland) Order 2005: exiting the European Union

18.  The Plant Health (Scotland) Order 2005(17) is amended in accordance with regulations 19 to 71.

CHAPTER 1Amendment of Part 1

19.  In article 1 (title, commencement and extent), in paragraph (3), omit “19(1)”.

20.—(1) In article 2 (general interpretation), paragraph (1)—

(a)omit the definitions of—

(i)“area of plant health control”,

(ii)Decision 2007/433/EC”(18),

(iii)“Decision (EU) 2016/715”(19),

(iv)Directive 92/90/ECC”(20),

(v)Directive 93/85/EEC”(21),

(vi)Directive 98/57/EC”(22),

(vii)“EU transit goods”(23),

(viii)“landed”,

(ix)“official body of destination”,

(x)“official body of point of entry”,

(xi)“official documentation”(24),

(xii)Phytophthora ramorum”(25)

(xiii)“plant health check”, and

(xiv)“plant health movement document”,

(xv)“plant passport”,

(xvi)“plants specified in relation to Xylella fastidiosa (Wells et al.)”(26),

(xvii)“protected zone”(27),

(xviii)“Swiss plant passport”,

(b)after “In this Order—” insert—

“appropriate UK plant health authority” means—

(a)

in relation to Scotland, the Scottish Ministers;

(b)

in relation to England, the Secretary of State;

(c)

in relation to Wales, the Welsh Ministers;

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(e)

in relation to the Bailiwick of Guernsey, the States of Guernsey;

(f)

in relation to the Bailiwick of Jersey, the Department of Environment of the Bailiwick of Jersey;

(g)

in relation to the Isle of Man, the Department of Environment, Food and Agriculture of the Isle of Man;,

(c)for the definition of “authorised officer” substitute—

“authorised officer” means, as the context requires,

(a)

in relation to a UK plant passport, an inspector acting under the authority of the appropriate UK plant health authority, or

(b)

in relation to a phytosanitary certificate or phytosanitary certificate for re-export, an authorised representative of, or a public officer acting under, the national plant protection organisation of the country in which the phytosanitary certificate or phytosanitary certificate for re-export or a translation of the phytosanitary certificate or phytosanitary certificate for re-export is issued,

(d)after the definition of “authorised officer” insert—

“CD territory” means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;,

(e)for the definition of “consignment” substitute—

“consignment”, unless the context requires otherwise, means a quantity of goods covered by a single document required for customs or other formalities,,

(f)for the definition of “Decision 2012/138/EU”(28) substitute—

Decision 2012/138/EU” means Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster)(29), as amended from time to time, before and after exit day;(30),

(g)for the definition of “Decision 2012/270/EU”(31) substitute—

Decision 2012/270/EU” means 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 papa sp. n, Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)(32), as amended from time to time, before and after exit day;

Decision 2012/535/EU” means Commission Implementing Decision 2012/535/EU on emergency measures to prevent the spread within the Union Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode)(33), as amended from time to time, before and after exit day;

Decision 2012/697/EU” means 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)(34), as amended from time to time, before and after exit day;(35),

(h)for the definitions of “Decision (EU) 2015/789”(36) and “Decision (EU) 2015/893”(37) substitute—

“Decision (EU) 2015/789” means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)(38), as amended from time to time, before and after exit day;

“Decision (EU) 2015/893” means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky)(39), as amended from time to time, before and after exit day;

“Decision (EU) 2018/1503” means Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union of Aromia bungii (Faldermann)(40), as amended from time to time, before and after exit day;(41),

(i)after the definition of “early potatoes” insert—

“EPPO PM 7/21” means the standard describing a diagnostic protocol for Ralstonia solanacearum, R. pseudosolanacearum and R. syzygii approved by the European and Mediterranean Plant Protection Organization(42),

“EPPO PM 7/40” means the standard describing a diagnostic protocol for Globodera rostochiensis and Globodera pallida approved by the European and Mediterranean Plant Protection Organization(43),

“EPPO PM 7/59” means the standard describing a diagnostic protocol for Clavibacter michiganensis subsp. sepedonicus approved by the European and Mediterranean Plant Protection Organization(44), and

“EPPO PM 7/119” means the standard describing the procedures for nematode extraction approved by the European and Mediterranean Plant Protection Organization(45),,

(j)for the definition of “Euro-Mediterranean area”, substitute—

“Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;

(k)in the definition of “European Union” omit “including the Isle of Man and the Channel Islands”(46),

(l)in the definition of “importer” for “landing” substitute “consignment”,

(m)in the definition of “inspector”, at the end, insert “or in the case of a UK plant health authority other than the Scottish Ministers, an inspector authorised to act by that authority”,

(n)omit the definition of of “ISPM No.5”(47),

(o)before the definition of “ISPM No.10”(48) insert—

“ISPM No. 9” means International Standard for Phytosanitary Measures No. 9 of November 1998 on the guidelines for pest eradication programmes, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(49);,

(p)after the definition of “ISPM No.10” insert—

“ISPM No. 14” means International Standard for Phytosanitary Measures No. 14 of March 2002 on the use of integrated measures in a systems approach for pest risk management, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(50);,

(q)for the definition of “lot” substitute—

“list of Xylella host plants” means the list of relevant material contained in the database maintained by the European Commission of host plants found to be susceptible to Xylella fastidiosa in the EU, as amended from time to time(51);

“the list of controlled material” means the list in schedule 6,

“the list of pest free area controlled material” means the list in schedule 7,

“the list of prohibited infested material” means the list in schedule 2,

“the list of prohibited material” means the list in schedule 3,

“the list of prohibited plant pests” means the list in schedule 1,

“the list of regulated material” means the list in schedule 4,

“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin, and forming part of a consignment,,

(r)in the definition of “national plant protection organisation”, in sub-paragraph (b), for “European Commission” substitute “national plant protection organisation of the United Kingdom”,

(s)after the definition of “North America” insert—

“notifiable relevant material” means any relevant material—

(a)

of a description specified in schedule 5,

(b)

of a description specified in schedule 7 originating in a third country;,

(t)in the definition of “official”, for “responsible official body” substitute “appropriate UK plant health authority”,

(u)in the definition of official label, for the words from “responsible” to the end substitute “appropriate UK plant health authority”,

(v)for the definition of “official statement” substitute—

“ official statement” means—

(a)

in relation to a phytosanitary certificate or phytosanitary certificate for re-export, a statement issued by an authorised representative of, or a public officer acting, under the authority of the national plant protection organisation of the country in which the phytosanitary certificate or phytosanitary certificate for re-export or a translation of the phytosanitary certificate or phytosanitary certificate for re-export is issued; or

(b)

a statement included in a UK plant passport;,

(w)after the definition of “official statement”, insert—

“OPM pest free area” means the area described in column 3 of item 5 of Part C of schedule 1;

“pest free area” means that part of a UK pest free area that is in Scotland or, where the UK pest free area includes two or more separate parts of Scotland, each such part;,

(x)after the definition of “plant” insert—

“Plant Health Regulations” means the Plant Health (EU Exit) Regulations 2019(52),,

(y)for the definition of “planting”, substitute—

“planting” means any operation for the placing of plants to ensure their subsequent growth, reproduction or propagation;,

(z)for the definition of “plant product” substitute—

“plant product” means a product of plant origin, unprocessed or having undergone simple preparation, in so far as it is not a plant;,

(aa)after the definition of “potato” insert—

“Potato brown rot” means either the disease of potatoes caused by Ralstonia solanacearum (Smith) Yabuuchi et al. or that bacterium, as the context requires;

(bb)after the definition of “registered” insert—

“regulated plant pest” means—

(a)

a plant pest of a description specified in Part A, B or D of the list of prohibited plant pests,

(b)

a plant pest of a description specified in column 2 of Part C of the list of prohibited plant pests which relates to a pest free area,

(c)

a plant pest of a description specified in column 2 of Part A, B or D of the list of prohibited infested material,

(d)

a plant pest of a description specified in column 2 of Part C of the list of prohibited infested material which relates to a pest free area,,

(cc)after the definition of “relevant material” insert—

“relevant Plant Health Order” means—

(a)

in relation to England, the Plant Health (England) Order 2015(53);

(b)

in relation to Wales, the Plant Health (Wales) Order 2018(54);

(c)

in relation to Northern Ireland, the Plant Health Order (Northern Ireland) 2018(55);,

(dd)for the definition of “Seed Potatoes Regulations” substitute—

“Seed Potatoes Regulations” means the Seed Potatoes (Scotland) Regulations 2015(56);,

(ee)for the definition of “third country” substitute—

“third country” means—

(a)

a country or territory outside the European Union, other than a territory within the British Islands; or

(b)

the European Union;

“UK pest free area” means an area in the United Kingdom which has been established as a pest free area in accordance with ISPM No. 4;

“UK plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in schedule 9, issued by or with the authority of the appropriate UK plant health authority, and includes any replacement of such a passport;

“UK territory” means England, Wales, Scotland or Northern Ireland;,

(2) Omit article 2(2).

(3) In article 2(4), for “Any” substitute “Unless expressly provided otherwise, any”.

(4) Omit article 2 (6).

21.  After article 2 insert—

Emergency measures

2A.  Schedules 8A to 8I have effect and make provision for emergency measures..

CHAPTER 2Amendment of Part 2

22.  In article 3 (interpretation of part 2)—

(a)omit the definitions of “approved place of inspection”, “Customs Code” and “customs document” and substitute—

“approved place of inspection means a place of destination of relevant material approved by the Scottish Ministers under article 17 or, in relation to other UK territories, by the appropriate UK plant health authority under equivalent provisions of the relevant Plant Health Order,

“correct phytosanitary certificate”, in relation to notifiable relevant material, means the phytosanitary certificate or phytosanitary certificate for re-export which has been issued—

(a)

in the manner specified in article 7(2) to (5), and

(b)

in respect of the requirements prescribed by article 5,

“designated area of plant health control” means a place close to a point of entry which has been designated as an area of plant health control by the Scottish Ministers and the Commissioners for Her Majesty’s Revenue and Customs,

“EU transit material” means any notifiable relevant material from a third country, other than country or territory within the European Union, which is brought to the United Kingdom via the European Union and which, on its entry into the European Union, was not subject to—

(a)

the formalities described in Article 13a of Directive 2000/29/EC, or

(b)

other similar official controls under Regulation (EU) 2017/625 of the European Parliament and of the Council(57), as it has effect in EU law;

“notified EU material” means any notifiable relevant material originating in the European Union or Switzerland which is intended to be, or has been, consigned to the United Kingdom from the European Union or Switzerland via a point of entry in Scotland and the arrival of which in Scotland has been notified to the Scottish Ministers in accordance with article 6(1),,

(b)after the definition of “identity check” insert—

“point of entry” means—

(a)

in the case of relevant material which arrives by air, the airport at which the material first arrives in the United Kingdom,

(b)

in the case of relevant material which arrives by maritime or fluvial transport, the port at which the material first arrives in the United Kingdom, or

(c)

in the case of relevant material which arrives by rail, the rail freight terminal at which the material first arrives in the United Kingdom,

(d)

in the case of relevant material which arrives by road, the initial destination of the material after its arrival in the United Kingdom,

“trade documents” in relation to a consignment of notifiable relevant material, means the invoice, delivery note, consignment note or similar document which accompanies the consignment,,

(c)in the definition of “working day” for “6(3)(b)” substitute “6(2)(c)(ii)”.

23.  For article 4 (application of Part 2) substitute—

Application of Part 2

4.  This Part applies to plant pests and relevant material which are brought into Scotland from a third country, whether directly or via another UK territory..

24.  In article 5 (prohibitions and restrictions on landing plant pests and relevant material)—

(a)for paragraph (1) substitute—

(1) No person may bring any of the following into Scotland—

(a)any plant pest of a description specified in Part A, B or D of the list of prohibited plant pests;

(b)any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a plant pest of a description specified in the corresponding entry in respect of that description of relevant material in column 3;

(c)any plant pest which, although not specified in Part A, B or D of the list of prohibited plant pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;

(d)any relevant material of a description specified in column 2 of Part A or B of the list of prohibited material which originates in a third country specified in the corresponding entry in respect of that description of relevant material in column 3;

(e)any relevant material of a description specified in column 2 of Part A or D of the list of regulated material, unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with;

(f)in the case of any relevant material which is destined for a pest free area, any plant pest of a description specified in column 2 of Part C of the list of prohibited plant pests which relates to that pest free area;

(g)in the case of any relevant material which is destined for a pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of that Part of that list which is carrying or infested with a plant pest of a description specified in the corresponding entry in column 3;

(h)in the case of any relevant material which is destined for a pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that Part, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with.,

(b)after paragraph (2) insert—

(3) Paragraph (1)(e) does not apply to any relevant material which is prohibited from being brought into Scotland under paragraph (1)(d).

(4) Paragraph (1)(e), (g) and (h) are subject to article 8(1).

(5) The prohibitions or restrictions in paragraph (1)(b) to (h) do not apply to relevant material which enters a point of entry that is located in another UK territory and is discharged in that territory in accordance with article 12 of the relevant Plant Health Order..

25.  For article 6 (advance notification of landing) substitute—

Advance notification of the bringing of relevant material into Scotland

6.(1) Subject to articles 8(1) and 16 and to paragraph (4), no person may bring any notifiable relevant material into a point of entry that is located in Scotland, unless notice is given in accordance with this article.

(2) A notice must be given—

(a)in accordance with the requirements of schedule 12,

(b)to the Scottish Ministers at the specified address, and

(c)in time to arrive at the specified address—

(i)in the case of any relevant material brought by air, at least four working hours before the relevant material arrives in Scotland,

(ii)in any other case, at least two working days before the relevant material arrives in Scotland.

(3) In the case of plants of Castanea Mill, Fraxinus L., Olea europaea L., Pinus L., Platanus L., Prunus L., Quercus L. or Ulmus L., intended for planting, originating in the European Union or Switzerland, the following information must be included under item 13 of the notice set out in schedule 12—

(a)their intended destination,

(b)their genus, species and quantity,

(c)the identification number of the supplier of the plants.

(4) If a person can reasonably show that it was not possible to give notice on accordance with paragraph (2)(c) because the person was not aware that the material had been consigned, the person mustgive notice as soon as is reasonably practicable.

(5) In this article “specified address” means the address given by the Scottish Ministers from time to time for the purposes of this article, which may include an address for electronic communications..

26.  After article 6, insert—

EU transit material

6A.(1) No person may bring any EU transit material into a RoRo port that is located in Scotland unless that material is destined for a single approved place of inspection.

(2) Paragraph (1) is subject to article 8(1).

(3) In this paragraph, “RoRo port” means—

(a)a RoRo listed location within the meaning of regulation 130 of the Customs (Import Duty) (EU Exit) Regulations 2018(58), or

(b)if a notice has not been published pursuant to regulation 130(1) of those Regulations, a point of entry that—

(i)predominantly services roll-on/roll-off ferries operating between Scotland and a member State, and

(ii)is listed in a notice published by the Scottish Ministers from time to time..

27.  For article 7 (requirements for certificates) substitute—

Requirements for phytosanitary certificate or phytosanitary certificate for re-export

7.(1) No person may bring any notifiable relevant material into a point of entry located in Scotland unless the material is accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export, which—

(a)certifies that the material meets the applicable requirements prescribed by article 5, and

(b)complies with the applicable requirements of paragraphs (2) to (5).

(2) In the case of transit material which has been split up, combined with other consignments or repackaged, the relevant material must be accompanied by a phytosanitary certificate for re-export which was issued in the country of transit.

(3) In the case of transit material which has or may have been exposed to infection or contamination by any plant pest, is not the same material as in the original consignment or which has been processed so as to change its nature, the relevant material must be accompanied by a phytosanitary certificate which was issued in the country of transit.

(4) Where paragraph (2) or (3) does not apply, the notifiable relevant material must be accompanied by a phytosanitary certificate which was issued in the country in which that material originates or from which it was consigned.

(5) A phytosanitary certificate must be the original certificate and the phytosanitary certificate for re-export must be the original certificate or a copy of the original certificate certified by an authorised officer.

(6) Paragraph (1) does not apply to any relevant material which—

(a)is in the course of its consignment between two third countries under appropriate customs procedures or has been consigned to Scotland from another part of the United Kingdom via a third country,

(b)does not undergo any change in customs status, and

(c)is transported in such a way as to prevent the accidental escape of plant pests.

(7) Paragraph (1) is subject to article 8.

(8) In paragraphs (2) and (3), “transit material” means relevant material consigned to Scotland via a third country by way of transit.

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

(a)for paragraph (1) substitute—

(1) The prohibitions relating to relevant material in articles 5(1)(e) and (h), 6(1), 6A(1) and 10(1) do not apply to relevant material of a description in paragraph (2) and which is brought into Scotland in the baggage of a passenger or other traveller coming from any third country, other than any country or territory in the European Union or Switzerland or to exempt material of a description in paragraph (3A) and which is brought into Scotland in the baggage of a passenger or other traveller coming from the European Union or Switzerland providing that the relevant material or, as the case may be, the exempt material—

(a)does not show any signs of the presence of a plant pest,

(b)is not intended for use in the course of a trade or business, and

(c)is intended for household use.,

(b)in paragraph (2), in the words before sub-paragraph (a) after “which” insert “originates in a third country other than the European Union or Switzerland and”, and

(c)after paragraph (3) insert—

(3A) The exempt material referred to in paragraph (1) is a small quantity of relevant material originating in the European Union or Switzerland, other than plants of Castanea Mill. intended for planting, plants of Fraxinus L. intended for planting or plants, other than seeds, of Platanus L. intended for planting;.

29.  In article 9 ( presentation and display of documents)—

(a)for paragraph (1) substitute—

(1) The following documents must be delivered to an inspector by the importer of a consignment of notifiable relevant material within three days of the date of its arrival in Scotland—

(a)any phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7 to accompany the consignment of notifiable relevant material, and

(b)in the case of notified EU material, the trade documents which accompany the consignment..

(b)in paragraph (2)—

(i)for “Subject to article 30(4), importers” substitute “Importers”, and

(ii)for “relevant material referred to in sub-paragraph (a) or (b) of article 6(2)” substitute “notifiable relevant material”.

(c)after paragraph (3), insert—

(4) In paragraph (2), “customs document” means a document required by the Commissioners for Her Majesty’s Revenue and Customs for placing relevant material under a Customs procedure within the meaning of section 3(3) of the Taxation (Cross-Border Trade) Act 2018(59).

(5) Paragraph (1) does not apply—

(a)in the case of a consignment referred to in paragraph (3), or

(b)to any notifiable relevant material which is in the course of consignment to an approved place of inspection in another UK territory..

30.  For article 10 ( prohibition on removal of relevant material from an area of plant health control) substitute—

Prohibitions on removal of notifiable relevant material

10.(1) This article applies to notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in Scotland.

(2) No person may move any notifiable relevant material or cause any notifiable relevant material to be moved from its point of entry unless the material is being moved to a designated area of plant health control or an approved place of inspection.

(3) Subject to article 11, no person may remove any notifiable relevant material or cause any notifiable relevant material to be removed from its point of entry, or where the material is moved to a designated area of plant health control or an approved place of inspection in Scotland, from the designated area of plant health control or from the approved place of inspection, unless an inspector has discharged the material under article 12 or the removal of the material is permitted under Part 6.

(4) Any notifiable relevant material which is being held at a point of entry or a designated area of plant health control under paragraph (3) must be stored by the importer under the supervision and in accordance with the instructions of an inspector.

(5) The importer is responsible for the costs of storing the notifiable relevant material pending its release..

31.  In article 11 (exceptions from prohibition on removal of relevant material from an area of plant health control)—

(a)for the words before sub-paragraph (a)substitute “Article 10(3) does not apply to”, and

(b)in paragraph (c) for “European Union” substitute “United Kingdom”.

32.  In article 12 (plant health discharge)—

(a)at the beginning, insert—

(A1) This article applies to any notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in Scotland and is not in the course of its consignment to an approved place of inspection in another UK territory.,

(b)in paragraph(1), for “article 10(1)” substitute “article 10(3)”.

(c)in paragraph (2)—

(i)for “Subject to paragraphs (5) and (6), an inspector” substitute “An inspector”,

(ii)for sub-paragraph (a) substitute—

(a)that the relevant material meets the applicable requirements prescribed by article 5,,

(iii)omit sub-paragraphs (b) to (e),

(iv)in sub-paragraph (f), after “re-export” insert “which accompanied the relevant material on entry”,

(v)in sub-paragraph (g), for the words “certificate” in the first place it occurs, to the end, substitute “correct phytosanitary certificate”,

(d)in paragraph (3), omit “to (e)”,

(e)omit paragraphs (5) and (6),

(f)in paragraph (7)—

(i)after “paragraph (2)” omit “(g)”,

(ii)in sub-paragraph (a) for “the date the certificate was delivered in accordance with article 9(1)” substitute “date it”,

(iii)omit sub-paragraph (b) and the preceding “and”,

(g)in paragraph (8), for “a plant health check” substitute “an examination under paragraph (3)”.

33.  After article 12, insert—

Requirements applicable to notified EU material

12A.(1) This article applies to notified EU material which is brought into a point of entry that is located in Scotland.

(2) An inspector must carry out an examination of—

(a)the phytosanitary certificate or phytosanitary certificate for re-export which accompanies a consignment of notified EU material to confirm that the consignment is accompanied by the correct phytosanitary certificate, and

(b)the trade documents that accompany the consignment to confirm that those documents correspond to the description of the relevant material in the phytosanitary certificate or phytosanitary certificate for re-export..

34.  In article 14(1) (power of an officer for Revenue and Customs), for “under customs supervision pursuant to Article 37 of the Customs Code” to the end, substitute “subject to the control of an officer of Revenue and Customs within the meaning of Schedule 1 to the Taxation (Cross-Border Trade) Act 2018”.

35.  In article 15 (general provisions relating to certificates)—

(a)in paragraph (1)—

(i)from “article and—” to the end substitute “article and must be in the form set out in Part A or B, respectively, of Schedule 11.”,

(b)in paragraph (2)—

(i)in sub-paragraph (a), omit “the responsible official body or”,

(ii)in sub-paragraph (b)(60), for “one of the official languages of the European Union” substitute “English”,

(iii)omit sub-paragraph (c), and

(iv)in sub-paragraph (d)(61) for “Organisations of the Member States of the European Union” substitute “Organisation of the United Kingdom”,

(c)for paragraph (3) substitute—

(3) A phytosanitary certificate or phytosanitary certificate for re-export in respect of any relevant material of a description specified in column 2 of Part A, C or D of the list of regulated material, for which more than one set of entry requirements is specified in the corresponding entry in column 3 of Part A, C or D of that list, must specify under the heading “Additional declaration” the particular set of requirements with which the relevant material complies..

36.  In article 16 (requirements to be met by relevant material prior to inspection at its place of country of destination)—

(a)for the heading to the article and for paragraphs (1) and (2)(62) substitute—

Requirements to be met by relevant material destined for an approved place of inspection

16.(1) This article applies to notifiable relevant material, other than notified EU material, which is destined for an approved place of inspection.

(2) No person may, in relation to any relevant material to which this article applies move such relevant material within Scotland, or where applicable, from Scotland to an approved place of inspection in another UK territory, unless it is accompanied by a copy of the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on its entry into Scotland and—

(a)its packaging and the vehicle in which it is transported is sealed in such a way that there is no risk of the relevant material causing infestation, infection or contamination or a change occurring in the identity of the material, or

(b)where the material is destined for an approved place of inspection in Scotland, its movement has been authorised by the Scottish Ministers.,

(b)in paragraph (3)—

(i)in the words before sub-paragraph (a)—

(aa)for “to which this article applies” to “European Union” substitute “which is destined for an approved place of inspection in Scotland”, and

(bb)for “five” substitute “three”,

(ii)in sub-paragraph (a) omit “or other area of plant health control”,

(iii)in sub-paragraph (b) for “place referred to in paragraph (a)” substitute “approved place of inspection”,

(iv)omit sub-paragraphs (c) and (d).

37.  In article 17 (approved places of inspection) —

(a)for paragraph (1) substitute—

(1) The Scottish Ministers may approve premises which are not located at a point of entry or are not part of a designated area of plant health control as a place at which appropriate checks may be carried out by an inspector in respect of notifiable relevant material, other than notified EU material.,

(b)in paragraph (2) for “a place of destination” to “inspection” substitute “approval under paragraph (1)”,

(c)for paragraphs (4) and (5) substitute—

(4) The Scottish Ministers may only approve premises as an approved place of inspection in respect of notifiable relevant material, other than notified EU material, if the premises have been designated or approved by the Commissioners for Her Majesty’s Revenue and Customs for that purpose.

(5) In the case of any other premises, the Scottish Ministers may only approve those premises as an approved place of inspection for the purpose of carrying out appropriate checks in respect of EU transit material.

(6) In this article, “appropriate checks”, in relation to a consignment of relevant material, means—

(a)an examination of the phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment to determine whether it is the correct phytosanitary certificate,

(b)an examination of the consignment to determine whether it corresponds to its description in the trade documents that accompany it,

(c)an examination of the consignment and its packaging, and where necessary, the vehicle transporting the consignment to determine whether it meets the applicable requirements prescribed in article 5..

38.  Omit article 18 (requirement for plant health movement document).

CHAPTER 3Amendment of Part 3

39.  Omit articles 19 (prohibitions on landing plant pests and relevant material) and 19B(63) (landing of trees in Scotland).

40.  For article 20 (prevention of the spread of plant pests) substitute—

Prevention of the spread of plant pests

20.(1) No person may knowingly keep, store, plant, sell or move or knowingly cause or permit to be kept, stored, planted, sold or moved—

(a)any plant pest of a description specified in Part A, B or D of the list of prohibited plant pests,

(b)any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a plant pest of a description specified in the corresponding entry in column 3,

(c)any plant pest which, although not specified in Part A, B or D of the list of prohibited plant pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain,

(d)any relevant material originating in a third country which is brought into Scotland in contravention of article 5(1)(d) or (e),

(e)any relevant material of a description specified in column 2 of Part B or E of the list of regulated material which originates in the United Kingdom or a CD territory unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with,

(f)any relevant material originating in a third country and consigned from another part of the United Kingdom or a CD territory which, if it had been brought into a point of entry located in Scotland, would have contravened article 5(1)(d) or (e).

(2) Paragraph (3) applies to pest free areas.

(3) No person may knowingly keep, store, plant, sell or move or knowingly cause or permit to be kept, stored, planted, sold or moved—

(a)any plant pest of a description specified in column 2 of Part C of the list of prohibited plant pests which relates to a pest free area,

(b)in the case of any pest free area which is or, or is included within a UK pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of that Part which is carrying or infested with a plant pest of a description specified in the corresponding entry in column 3,

(c)any relevant material originating in a third country which is brought into a pest free area in contravention of article 5(1)(h),

(d)in the case of any pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that Part which originates in the United Kingdom or a CD territory, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with,

(e)any relevant material originating in a third country and consigned from another part of the United Kingdom or a CD territory which, if it had been brought into a point of entry located in Scotland, would have contravened article 5(1)(h).

(4) The prohibitions in paragraphs (1) and (3) do not apply to any plant pest or relevant material which is required to be kept, stored or moved in compliance with a requirement imposed by an inspector under Part 6 or 7.

(5) Paragraphs (1)(e) and (3)(d) are subject to article 22.

(6) In this article, “move” means move or otherwise dispose of, and “moved” is to be construed accordingly..

41.  For article 21 (requirements for plant passports) substitute—

Requirements for UK plant passports

21.(1) No person may move any of the following relevant material into or within Scotland unless it is accompanied by a UK plant passport—

(a)any relevant material of a description specified in the list of controlled material which originates in the United Kingdom or a CD territory;

(b)any relevant material of a description specified in the list of controlled material that has been discharged by the Scottish Ministers under article 12(1) or by another appropriate UK plant health authority in an equivalent manner;

(c)in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of controlled material which originates in the European Union or Switzerland and was notified to the Scottish Ministers in accordance with article 6(1), or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order.

(2) No person may move any of the following relevant material into or within a pest free area unless it is accompanied by a UK plant passport which is valid for that pest free area—

(a)any relevant material of a description, specified in the list of pest free area controlled material in respect of the relevant pest free area, which originates in the United Kingdom or a CD territory;

(b)any relevant material of a description specified in the list of pest free area controlled material in respect of the relevant UK pest free area that has been discharged by the Scottish Ministers under article 12(1) or by another appropriate UK plant health authority in an equivalent manner;

(c)in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of pest free area controlled material in respect of the relevant UK pest free area which—

(i)originates in the European Union or Switzerland; and

(ii)was notified to the Scottish Ministers in accordance with article 6(1), or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order.

(3) No person may consign from Scotland to another UK territory or a CD territory any of the following relevant material originating in Scotland, unless it is accompanied by a UK plant passport—

(a)any relevant material of a description specified in the list of controlled material;

(b)in the case of relevant material destined for a place in England, Wales or Northern Ireland which is within a UK pest free area, any relevant material of a description specified in the list of pest free area controlled material in respect of that UK pest free area,

(c)in the case of relevant material destined for a CD territory, any relevant material of a description specified for the purposes of this paragraph in the applicable plant health legislation of that CD territory.

(4) In the case of any relevant material originating in a place of production in Scotland, a UK plant passport may only be issued in respect of that material if the material has been subject to a satisfactory inspection at the place of production.

(5) The requirements in paragraphs (1)(b) and (2)(b) do not apply to any notified EU material moving from its point of entry to its first destination in the United Kingdom if it is accompanied by a copy of the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on its entry into the United Kingdom.

(6) Paragraphs (1)(a), (2)(a), and 3 are subject to article 22.

(7) Paragraph (2) is subject to article 23.

(8) In paragraphs (1) and (2), “relevant Plant Health Order” has the same meaning as in Part 2 (see article 3)..

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

(a)in paragraph (1)—

(i)omit “on landing in article 19(1)(e), (f) and (g) and article 19B(1) and”,

(ii)for “20(1)(e) and (f)” substitute “20(1)(e) and (3)(d)”,

(iii)for “21(1), (2), (5) and (6)” substitute “21(1)(a), (2)(a) and (3)(a) and (c)”,

(b)in paragraph (2) for “21(1) or (2)” substitute “21(1)(a) or (2)(a), omit paragraph (3).

43.  In article 23 (validity of plant passports for Scotland)—

(a)for the heading to article 23, substitute “Validity of UK plant passports for Scotland”,

(b)for paragraphs (1) and (2) substitute—

(1) Where paragraph (2) applies, a person who moves relevant material of a description specified in the list of pest free area controlled material which relates to a pest free area, through the pest free area to a destination outside the relevant UK pest free area, is not required to produce a UK plant passport which is valid for the relevant UK pest free area.

(2) This paragraph applies where, in relation to the relevant material referred to in paragraph (1) the material—

(a)originates outside the relevant UK pest free area, and

(b)is moved in accordance with the conditions in paragraph (3),

(c)in paragraph (3)—

(i)for the words before sub-paragraph (a) substitute “The conditions are that”,

(ii)in sub-paragraph (a)—

(aa)for “which during transit through Scotland” substitute “the relevant material, during transit through the pest free area,”, and

(bb)for “outside Scotland” in both places where it occurs, substitute “outside the relevant UK pest free area”,

(iii)in sub-paragraph (b)—

(aa)for “whose” substitute “any”,

(bb)for “through Scotland” in both places where it occurs, substitute “through the pest free area”, and

(cc)omit “in relation to which Scotland is a protected zone”,

(d)after paragraph (3), insert—

(4) In this article—

(a)“relevant UK pest free area”, in relation to any relevant material of a description specified in the list of pest free area controlled material, means the pest free area which is, or is part of, the UK pest free area that has been designated in respect of that material,

(b)“relevant plant pest”, in relation to a UK pest free area, means the plant pest in respect of which the UK pest free area has been designated..

44.  In article 24 (general provisions relating to plant passports)—

(a)in the heading, for “plant passports” substitute “UK plant passports”,

(b)in paragraphs (1) to (5) for “plant passport” in each place where it occurs substitute “UK plant passport”,

(c)in paragraph 4(b)(ii), for “a plant pest specified in either Schedule 1 or 2” substitute “a regulated plant pest”, and

(d)in paragraph (5), omit “or the official documentation”.

CHAPTER 4Amendment of Part 4

45.  In article 25 (register of plant traders), omit paragraph (2).

46.  In article 28A (duties of professional operators in relation to Xylella fastidiosa (Wells et al.)(64)—

(a)in paragraph (1)(65) in sub-paragraph (a) for “an area demarcated” to the end of that sub-paragraph substitute “a demarcated area”,

(b)in paragraph (4)(e) for “plant passport” substitute “UK plant passport”, and

(c)for paragraph (5) substitute—

(5) In this article—

(a)“demarcated area” means—

(i)an area demarcated under paragraph 5 of schedule 8G or, in relation to England, Wales and Northern Ireland under paragraph 5 of schedule 15 of the Plant Health Regulations; or

(ii)a CD territory in which Xylella fastidiosa (Wells et al.) has been confirmed to be present;

(b)“plants specified in relation to Xylella fastidiosa (Wells et al.” means plants specified in items 11 and 12 of Part E of the list of regulated material,

(c)“professional operator” means any person who, in the course of a trade, business or profession, is involved in planting, breeding, producing, importing, marketing or distributing plants..

47.  In article 29 (authority to issue plant passports)—

(a)in the heading and in paragraphs (1)(66), (4), (5) and (6) for “plant passports” in each place where it occurs, substitute “UK plant passports”,

(b)in paragraphs (3)(a) and (5)(a) for “relevant organisms” substitute “regulated plant pests”, and

(c)omit paragraph (7).

CHAPTER 5Revocation of Part 5

48.  Omit Part 5 (Swiss trade and Swiss plant passports).

CHAPTER 6Amendment of Part 6

49.  In article 31 (examination, sampling and marking)—

(a)in paragraph (1)(b) for “plant passport” substitute “UK plant passport”, and

(b)in paragraph (7) omit “including representatives of the European Commission,”.

50.  For article 31A ( duty to perform official surveys (Phytophthora ramorum))(67) substitute—

Emergency measures

31A.(1) Where a regulated plant pest is found to be present in Scotland, the Scottish Ministers may by notice—

(a)demarcate an area in relation to that infestation for the purpose of eradicating or containing that plant pest, and

(b)specify the prohibitions and restrictions which are to apply in the demarcated area for that purpose.

(2) A notice under paragraph (1)—

(a)must be in writing,

(b)must describe the extent of the demarcated area,

(c)must specify the date on which any such prohibitions or restrictions are to commence,

(d)must be published in a manner appropriate to bring it to the attention of the public, and

(e)may be amended or revoked, in whole or in part, by further notice..

51.  In article 32 (actions which may be required by an inspector)—

(a)in paragraph (1) for “landed in” substitute “brought into”,

(b)in paragraphs 2(a) and (b) for “landed” substitute “brought”,

(c)in paragraph 3—

(i)in sub-paragraph (a) for “landing” substitute “bringing into Scotland”,

(ii)for sub-paragraph (b) substitute—

(b)specify the manner in which any plant pest or relevant material is to be brought into Scotland and the precautions which are to be taken during and subsequent to its entry;.

(d)in paragraph (5)—

(i)for sub-paragraph (a) substitute—

(a)a regulated plant pest;,

(ii)omit sub-paragraph (c) and the preceding “and”,

(e)in paragraph (6)(b) omit “or 19”.

52.  In article 33 (actions which may be taken by an inspector)—

(a)in paragraph (2) for sub-paragraph (a) substitute—

(a)a regulated plant pest,, and

(b)in paragraph (4) omit “including representatives of the European Commission,”.

53.  In article 37 (failure to comply with a notice), in paragraph (2) omit “including representatives of the European Commission,”.

CHAPTER 7Amendment of Part 7

54.  In article 39 (miscellaneous provisions for certain solanaceous species)(68)—

(a)in paragraph (1)(69) for “country outside the European Union other than” substitute “third country, other than a country or territory in the European Union or”,

(b)in paragraph (2)—

(i)in sub-paragraph (a) after “programme in” insert “the United Kingdom, a CD territory,”,

(ii)in sub-paragraph (b)—

(aa)for “Ralstonia solanacearum (Smith) Yabuuchi et al.” substitute “Potato brown rot”,

(bb)for “Annex II to Directive 98/57/EC” substitute “EPPO PM 7/21”,

(iii)in sub-paragraph (c) for “Annex I to Directive 93/85/EEC” substitute “EPPO PM 7/59”,

(c)in paragraph (6) for “Ralstonia solanacearum (Smith) Yabuuchi et al.” substitute “Potato brown rot”,

(d)for paragraph 39(8)(70) substitute —

(8) Subject to paragraph (10), seed potatoes and the plants listed in Schedule 15A must not be planted unless they were grown in a sampling unit which has undergone an official investigation pursuant to paragraph 3(a) of schedule 15 and no Potato Cyst Nematode was found,

(e)omit paragraphs (11) and (12).

CHAPTER 8Amendment of Part 8

55.  In article 40 (licences to carry out activities prohibited by this Order)(71)—

(a)for “landed” substitute “brought into”,

(b)for “licence” substitute “written licence”,

(c)for the words “Scottish Ministers” to the end of the article, substitute “Scottish Ministers in exercise of any derogation permitted by schedule 8.”.

56.  In article 41 (licences for trial or scientific purposes and for work on varietal selections)—

(a)in paragraph (1)(72)—

(i)for “Article 1(2) of Directive 2008/61/EC of 17 June 2008” substitute “Part A of schedule 17A”,

(ii)for “Annex I to that Directive” substitute “Part B of that schedule”,

(iii)for “landing” in both places it occurs, substitute “importation”,

(b)in paragraph (2)(73)—

(i)in sub-paragraph (a) for “laid down in Article 2(2) of Directive 2008/61/ EC” substitute “specified in Part C of schedule 17A”, and

(ii)for sub-paragraphs (b) and (c) substitute—

(b)any other conditions as the Scottish Ministers may determine in relation to the licence quarantine measures that are appropriate in respect of those activities.,

(c)in paragraph (3), for “under sub-paragraph (b) or (c) of paragraph (2) imposed on a licence” substitute “imposed on a licence under paragraph (2)”,

(d)in paragraph (4)—

(i)for “activities to which a licence granted under paragraph (1) relates” substitute “licensed activity”,

(ii)in sub-paragraph (a) for “activities” substitute “licensed activity”, and

(iii)in sub-paragraph (b) for “activities were” substitute “licensed activity was”,

(e)in paragraph (5) for “the plant pests listed in this Order” substitute “regulated plant pests”,

(f)omit paragraph (6), and

(g)for paragraph (7) substitute—

(7) In this article—

(a)“appropriate quarantine measures” means—

(i)where applicable, quarantine measures which are equivalent to those specified in Part A of Annex 3 to Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes or for work on varietal selections(74),

(ii)in any other case, any quarantine measures, including testing, as may be specified by the Scottish Ministers,

(b)“licence quarantine measures” means the measures specified in Part D of schedule 17A,

(c)“licensed activity” means any activity for trial or scientific purposes or for work on varietal selections which is authorised by a single licence under paragraph (1)..

CHAPTER 9Amendment of Part 9

57.  In article 42 (notification of the presence or suspected presence of certain plant pests)—

(a)in paragraph (1)(75)—

(i)for “plant pest to which this article applies” substitute “notifiable plant pest”,

(ii)for “such plant pest” in both places it occurs, substitute “such notifiable plant pest”, and

(b)for paragraphs (2), (3)(76) and (4) substitute—

(2) In this article, “notifiable plant pest” means—

(a)a plant pest, other than a plant pest of a description specified in Schedule 18, which—

(i)is a regulated plant pest,

(ii)is of a description specified in column 3 of Part B of the list of prohibited infested material and which is present on, or appears to an inspector to have been in contact with, relevant material of a description specified in the entry in respect of that plant pest in column 2 of Part B of the list of prohibited infested material, or

(iii)although not a regulated plant pest, is a plant pest not normally present in Great Britain and is likely to be injurious to plants in Great Britain,

(b)a plant pest of a description specified in schedule 18 which—

(i)is a regulated plant pest,

(ii)is a sub-species or strain not normally present in Great Britain and which has been found on any premises, or

(iii)is also specified in column 3 of Part A of the list of prohibited infested material and which is present on, or appears to an inspector to have been in contact with, relevant material of a description specified in the entry in respect of that plant pest in column 2 of Part A of that list..

58.  Omit article 42A (additional requirements on professional operators in respect of Pseudomonas syringae pv actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto)(77).

59.  In article 43(2) (notification of the likely entry into, or presence in, a free zone of plant pests or relevant material)—

(a)for sub-paragraph (a) substitute—

(a)a regulated plant pest;,

(b)in sub-paragraph (b) for “specified in Schedule 1 or 2” substitute “a regulated plant pest”, and

(c)in sub-paragraph (c)(78)—

(i)for “Schedule 3” substitute “the list of prohibited material”,

(ii)for “that Schedule” substitute “that list”.

60.  In article 44 (information to be given)—

(a)in paragraph (2)(b)—

(i)for sub-paragraph (i) substitute—

(i)a regulated plant pest,, and

(ii)in sub-paragraph (ii) for “specified in Schedule 1 or 2” substitute “ a regulated plant pest”, and

(b)in paragraph (4) before “plant passports” insert “UK”.

CHAPTER 10Amendment of Part 10

61.  In article 45 (offences)—

(a)in paragraph (1)(a)(79)—

(i)after sub-paragraph (i) insert—

(ia)article 6A,,

(ii)in sub-paragraph (iii) for “10(1)” substitute “10(3)”,

(iii)omit sub-paragraphs (v) and (vB),

(iv)in sub-paragraph (vii) for “21” substitute “21(1) or (3)”,

(b)in paragraph (1)(b), after “on that person” insert “, a prohibition or restriction in a notice issued by the Scottish Ministers”,

(c)in paragraph (2)(80)—

(i)for “landed in” substitute “imported into”, and

(ii)for “6(1), 19A or 19B” substitute “6(1), 6A(1) or 19A”,

(d)in paragraph (3) for “plant passport” in both places where it occurs substitute “UK plant passport”,

(e)in paragraph (4) for “plant passport” in each place where it occurs substitute “UK plant passport”.

CHAPTER 11Amendment of Part 11

62.  In the heading to Part 11 (The Customs Act and Revocation) for “and Revocation” insert “Revocation and Transitional Provisions”.

63.  After article 48 (revocation), insert—

Transitional provision: UK plant passports

49.(1) An authorisation to issue plant passports which has been granted and has effect immediately before exit day continues to apply on or after exit day as if it were an authorisation to issue UK plant passports.

(2) In the case of any plant passport that has been issued in respect of any relevant material before exit day for the purposes of the movement of that material which takes place before, on or and after exit day, the plant passport is to be treated as if it were a UK plant passport and references to a UK plant passport are to be construed accordingly.

(3) In this article, “exit day” has the meaning given to in the European Union (Withdrawal) Act 2018(81)..

CHAPTER 12Amendment of the schedules

SECTION 1The Plant Health Lists

64.  For schedules 1 to 8 substitute the schedules set out in schedule 1 of these Regulations.

SECTION 2Emergency measures

65.  After schedule 8, insert the schedules set out in schedule 2 of these Regulations.

SECTION 3UK plant passports

66.—(1) Schedule 9 (requirements for plant passports) is amended in accordance with this article.

(2) In the heading, for “plant passports” substitute “UK plant passports”.

(3) In Part A (requirements for plants passports for any relevant material in Schedule 6 or 7)—

(a)for the heading substitute”Requirements for UK plant passports”,

(b)in paragraphs 1 and 2, for “plant passport” substitute “UK plant passport”,

(c)in paragraph 3(b) for “authority with responsibility” to the end of the sub-paragraph substitute “appropriate UK plant health authority”,

(d)for paragraph 4(1)(a)(82) substitute—

(a)given in English; and,

(e)in paragraph 5 for “plant passport” substitute “UK plant passport”,

(f)in paragraph 6 in sub-paragraph (b) for “any other information relevant” to the end of the sub-paragraph, substitute “the additional information specified in paragraph 6A,”,

(g)after paragraph 6, insert—

6A.  The additional information is any information relevant for the purposes of labelling the relevant material to which it relates—

(a)in relation to vegetable plant material—

(i)produced in Great Britain, which is set out in Part B of schedule 2 to the Marketing of Vegetable Plant Material Regulations 1995(83),

(ii)produced in Northern Ireland, which is set out in Part B of schedule 2 to the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995(84),

(b)in relation to ornamental plant propagating material—

(i)produced in Scotland, which is set out in schedule 1 to the Marketing of Ornamental Plant Propagating Material Regulations 1999(85),

(ii)produced in England or Wales, which is set out in the schedule to the Marketing of Ornamental Plant Propagating Material Regulations 1999(86),

(iii)produced in Northern Ireland, which is set out in the schedule to the Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999(87);

(c)in relation to fruit plant propagating material and fruit plants—

(i)produced in England, which is set out in Part 2 of schedule 2 to the Fruit Plant and Propagating Material (England) Regulations 2017(88);

(ii)produced in Wales, which is set out in Part 2 of schedule 2 to the Fruit Plant and Propagating Material (Wales) Regulations 2017(89);

(iii)produced in Scotland, which is set out in Part 2 of schedule 5 to the Fruit Plant and Propagating Material (Scotland) Regulations 2017(90);

(iv)produced in Northern Ireland, which is set out in Part 2 of schedule 2 to the Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017(91);,

(h)in paragraph 7—

(i)in sub-paragraph (a) for “EU plant passport”(92) to the end substitute “UK plant passport”,

(ii)omit sub-paragraph (b),

(iii)in sub-paragraph (c) for “responsible official body” to the end substitute “appropriate UK plant health authority”,

(iv)in sub-paragraphs (e), (f) and (g) for “plant passport” substitute “UK plant passport”,

(v)in sub-paragraph (h)—

(aa)for “protected zone” in both places where it occurs, substitute “UK pest free area”, and

(bb)for “ZP” substitute “PFA”,

(i)in sub-paragraph (i) for “plant passport” in both places where it occurs, substitute “UK plant passport”, and

(j)in sub-paragraph (j) for “Scotland” substitute “United Kingdom or a CD territory”,

(4) In Part B (requirements for plant passports permitted for certain material in Schedule 6 or 7)—

(a)for the heading, substitute “Requirements for UK plant passports permitted for certain material”,

(b)in paragraph 1, for “plant passport” substitute “UK plant passport”,

(c)in paragraph 2—

(i)in sub-paragraph (a) for “in Article 13(1)(a) of Council Directive 2002/56/EC on the marketing of seed potatoes” substitute—

(i)in the case of seed potatoes produced in Scotland, in schedule 5 of the Seed Potatoes (Scotland) Regulations 2015(93),

(ii)in the case of seed potatoes produced in England, in Part 1 of schedule 2 of the Seed Potatoes (England) Regulations 2015(94),

(iii)in the case of seed potatoes produced in Wales, in Part 1 of schedule 2 of the Seed Potatoes (Wales) Regulations 2016(95),

(iv)in the case of seed potatoes produced in Northern Ireland, in Part 1 of schedule 2 of the Seed Potatoes Regulations (Northern Ireland) 2016(96),,

(ii)in sub-paragraph (b) for “EU plant passport”(97) substitute “UK plant passport”,

(iii)in sub-paragraph (c)—

(aa)for “European Union” substitute “United Kingdom”,

(bb)for “item 18.1 of Section II of Part A of Annex IV to Directive 2000/29/EC” substitute “specified in item 5 of Part B of the list of regulated material”,

(d)omit paragraphs 3 and 4,

(e)in paragraph 5—

(i)in sub-paragraph (a) for “in Article 10(1)(a) of Council Directive 66/401/EEC on the marketing of fodder plant seed” substitute—

(i)in the case of seeds produced in Scotland, in Parts 2 and 3 of schedule 6 of the Oil and Fibre Plant Seed (Scotland) Regulations 2004(98),

(ii)in the case of seeds produced in England, in Parts 2 and 3 of schedule 3 of the Seed Marketing Regulations 2011(99),

(iii)in the case of seeds produced in Wales, in Parts 2 and 3 of schedule 3 of the Seed Marketing (Wales) Regulations 2012(100),

(iv)in the case of seeds produced in Northern Ireland, in Parts 2 and 3 of schedule 3 of the Seed Marketing Regulations (Northern Ireland) 2016(101),,

(ii)in sub-paragraph (b) for “EU plant passport”(102) substitute “UK plant passport”,

(iii)in sub-paragraph (c)—

(aa)for “EC” substitute “United Kingdom”,

(bb)for “items 28.1 and 28.1 of Section II of Part A of Annex IV to Directive 2000/29/EC” substitute “specified in items 21 and 22 of Part B of the list of regulated material”.

SECTION 4Plant health movement document

67.  Omit schedule 13 (plant health movement document).

SECTION 5Potato Cyst Nematode

68.  For schedule 15 (special measures for the control of Potato Cyst Nematode) substitute the schedule set out in schedule 3.

SECTION 6Potato Ring Rot

69.  In schedule 16 (special measures for the control of Potato Ring Rot)(103)—

(a)in paragraph 1A, omit “in accordance with Article 2(1) of Directive 93/85/EEC”,

(b)after paragraph 1A insert—

1AA.  In the case of tubers of Solanum tuberosum L., those surveys must include official testing of samples of seed and other potatoes in accordance with EPPO PM 7/59.

1AB.  In the case of plants of Solanum tuberosum L., those surveys must be carried out according to appropriate methods and include appropriate official testing of samples.

1AC.  The collection of samples for the purposes of paragraphs 1AA and 1AB must be based on sound scientific and statistical principles and the biology of Potato Ring Rot and take into account relevant potato production systems.,

(c)in paragraph 1B(a), for the words from “Annex 1” to “Directive 93/85/EEC”, in the second place it occurs, substitute “EPPO PM 7/59”

(d)in paragraph 1D—

(i)in sub-paragraph (b), for “taking into account the provisions in point 1 of Annex 3 to Directive 93/85/EEC” substitute—

having regard to the following factors—

(i)the specified plant material grown at the contaminated place of production;

(ii)the places of production with some production link to that specified plant material, including those sharing production equipment and facilities directly or through a common contractor;

(iii)the production or presence of other specified plant material at the contaminated place of production;

(iv)the premises handling potatoes from the contaminated place of production and the places of production mentioned in head (ii);

(v)any object that may have come into contact with the contaminated specified plant material;

(vi)any specified plant material stored in, or in contact with, any object prior to its disinfection;

(vii)the specified plant material with a sister or parental clonal relationship to the contaminated specified plant material and the places of production of that specified plant material, and

(ii)in sub-paragraph (c), for “provisions in point 2 of Annex 3 to Directive 93/85/EEC” substitute “proximity of other places of production growing potatoes or other host plants and the common production and use of seed potato stocks”,

(e)after paragraph 1D insert—

1DA.  When making a designation or determination under paragraph 1D, an inspector must have regard to sound scientific principles, the biology of Potato Ring Rot and relevant production, marketing and processing systems.,

(f)for paragraph 3(b) substitute—

(b)by an officially approved disposal method that ensures that there is no identifiable risk of Potato Ring Rot spreading,

(g)in paragraph 4(b), for “in accordance with point 2 of Annex IV to Directive 93/85/EEC” substitute “in a manner that ensures that there is no identifiable risk of Potato Ring Rot spreading”,

(h)in paragraph 7, for “Directive 93/85/EEC” substitute “this Schedule”,

(i)in paragraph 10(b), for “Annex 1 to Directive 93/85/EEC” substitute “EPPO PM 7/59”,

(j)in paragraph 10A, for “Article 2 of Directive 93/85/EEC” substitute “EPPO PM 7/59”,

(k)in paragraph 11(b), for “Annex 1 to Directive 93/85/EEC” substitute “EPPO PM 7/59”,

(l)in paragraph 12(d), for “Annex 1 to Directive 93/85/EEC” substitute “EPPO PM 7/59”, and

(m)in paragraph 23(b), for “Article 2 of Directive 93/85/EEC” substitute “EPPO PM 7/59”.

SECTION 7Potato Brown Rot

70.  For schedule 17 (Ralstonia solanacearum) substitute the schedule set out in schedule 4 of these Regulations.

SECTION 8Licences for trial or scientific purposes or for work on varietal selection

71.  After schedule 17, insert the schedule set out in schedule 5 of these Regulations.

PART 4Fees: EU withdrawal

Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

72.  In the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014(104)—

(a)for regulation 2(1)(interpretation) substitute—

(1) In these Regulations—

“applicable checks” means the documentary check, identity check and plant health check which may be performed on a consignment;

“brought into Scotland” means introduced into Scotland by any means, including by post;

“consignment” means a quantity of goods covered by a single document required for customs or other formalities;

“documentary check” means an inspection to determine whether the consignment or lot is accompanied by the required documents;

“identity check” means an inspection to determine whether in its entirety or on one or more representative samples, the consignment or lot consists of or contains the plants, plant products or other objects, as declared on the required documents;

“intended for planting” means plants which are—

(a)

already planted and which are intended to remain planted or to be replanted after they are brought into Scotland; or

(b)

not planted at the time they are brought into Scotland but which are intended to be planted thereafter;

“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin and forming part of a consignment;

“normal working hours” means any time between the hours of 6 a.m. to 5 p.m. on any day except—

(a)

a Saturday;

(b)

a Sunday;

(c)

Easter Monday;

(d)

26th December, if it is not a Saturday or Sunday;

(e)

27th December, in a year in which 25th or 26th December is a Sunday; or

(f)

a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(105);

“plants” has the same meaning as in the principal Order;

“plant health check” means an inspection to determine whether in its entirety or on one more representative samples, including the packaging and, where appropriate, the transport vehicles, the consignment or lot comply with the requirements laid down in the principal Order;

“plant products” has the same meaning as in the principal Order;

“Potato brown rot” has the same meaning as in the principal Order;

“principal Order” means the Plant Health (Scotland) Order 2005(106);

“required documents” means the phytosanitary certificate or, as the case may be, the phytosanitary certificate for re-export, required by article 7 of the principal Order; and

“third country” means—

(a)

a country or territory outside the European Union, other than a territory within the British Islands; or

(b)

the European Union;,

(b)in regulation 3(2) (application of the import inspection fee)—

(i)in sub-paragraph (a)(i) for “the second column of Schedule 1” to the end, substitute “schedule 5 or schedule 7 of the principal Order”,

(ii)for sub-paragraph (b) substitute—

(b)is brought into Scotland from a third country.,

(c)in regulation 4(2) (fees), in the words before sub-paragraph (a) omit “, or which, but for Article 13a(2) of the Directive (providing for checks to be carried out at reduced frequency), would have been required to be carried out”,

(d)in regulation 5 (additional fees in respect of Potatoes Originating in Egypt and Lebanon)—

(i)in the heading, omit “and Lebanon”,

(ii)in paragraph (1), omit “or (3)”,

(iii)for paragraph (2) substitute—

(2) This paragraph applies where potatoes originating in Egypt are brought into Scotland and a sample of those potatoes is taken in order to ascertain whether, for the purposes of item 6 of Part D of schedule 4 of the principal Order those potatoes are infected with Potato brown rot.,

(iv)omit paragraph (3),

(e)in schedule 3 (additional fees)(107) in column 2, omit “or Lebanon”.

Amendment of the Plant Health (Export Certification) (Scotland) Order 2018

73.  In the Plant Health (Export Certification) (Scotland) Order 2018(108)—

(a)in article 2 (interpretation)—

(i)omit the definition of “IPC document”,

(ii)for the definition of “principal plant health Order” substitute—

“principal plant health Order” means the Plant Health (Scotland) Order 2005(109);

(iii)for the definition of “third country” substitute—

“third country” means—

(a)

a country or territory outside the European Union, other than a territory within the British Islands; or

(b)

the European Union;,

(b)in article 4(1) and (2) (fees for export certification services) omit “or IPC document” in each place where it occurs,

(c)in article 5(1) (offences and penalties), omit “or IPC document”,

(d)in the schedule (applications for certificates: table of fees), omit item 14.

Amendment of the Plant Health Fees (Scotland) Regulations 2008

74.  In the Plant Health Fees (Scotland) Regulations 2008(110)—

(a)in regulation 2(1) (interpretation)—

(i)in the definition of “authority” for “plant passports” substitute “UK plant passports”,

(ii)for the definition of “the 2005 Order” substitute—

“the 2005 Order” means the Plant Health (Scotland) Order 2005(111);

(iii)omit the definition of “plant passport”,

(iv)after the definition of “premises” insert—

“UK plant passport” has the meaning given to it in article 2(1) of the 2005 Order;,

(b)in the heading of regulation 3 (fees for inspections for plant passporting purposes), before “plant”, insert “UK”,

(c)in regulation 5A (fees for Potato Cyst Nematode testing) for “under article 39(8) (official soil tests for potato cyst nematode)” substitute “pursuant to paragraph 3(a) of schedule 15 of the 2005 Order (official investigations for potato cyst nematode)”, and

(d)in schedule 1 (fees for inspections for plant passporting purposes)—

(i)in the heading, before “plant” insert “UK”,

(ii)in column 1 of the table, for “plant passports” substitute “UK plant passports”.

Savings provision in relation to fees amendments

75.  Despite the provision made by regulations 72, 73 and 74—

(a)an importer must pay to the Scottish Ministers any fee which, prior to the coming into force of regulation 72, was payable by that importer under regulation 3 or 5 of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014,

(b)a person must pay to the Scottish Ministers any fee which, prior to the coming into force of regulation 73, was payable by that person under article 4 of the Plant Health (Export Certification) (Scotland) Order 2018, and

(c)any fee which, prior to the coming into force of regulation 74, required to be paid to the Scottish Ministers under regulation 3, 4, 5 or 5A of the Plant Health Fees (Scotland) Regulations 2008, must be paid to the Scottish Ministers.

PART 5

Revocation of secondary legislation: EU withdrawal

76.  The Potatoes Originating in Egypt (Scotland) Regulations 2004(112) are revoked.

PART 6

Revocation of retained direct EU legislation

77.  The retained direct EU legislation listed in schedule 6 is revoked.

MAIRI GOUGEON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th March 2019

Regulation 64

SCHEDULE 1

Article 2(1)

SCHEDULE 1Prohibited plant pests

PART APlant pests not known to occur in any part of the United Kingdom

Insects, mites and nematodes
1.Acleris spp. (non-European)
2.Agrilus anxius Gory
3.Agrilus plannipennis Fairmaire
4.Amauromyza maculosa (Malloch)
5.Anomala orientalis Waterhouse
6.Anoplophora chinensis (Forster)
7.Anoplophora glabripennis (Motschulsky)
8.Anthonomus eugenii Cano
9.Arrhenodes minutus Drury
10.Bactericera cockerelli (Sulc.)
11.Bemisia tabaci Genn., a vector of viruses such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus
12.Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et al.
13.Cicadellidae (non-European) known to be vectors of Pierce’s disease (caused by Xylella fastidiosa), such as: Carneocephala fulgida Nottingham, Draeculacephala minerva Ball or Graphocephala atropunctata (Signoret)
14.Choristoneura spp. (non-European)
15.Conotrachelus nenuphar (Herbst)
16.Dendrolimus sibiricus Tschetverikov
17.Diabrotica barberi Smith and Lawrence
18.Diabrotica undecimpunctata howardi Barber
19.Diabrotica undecimpunctata undecimpunctata Mannerheim
20.Diabrotica virgifera zeae Krysan & Smith
21.Diaphorina citri Kuway
22.Dryocosmus kuriphilus Yasumatsu
23.Heliothis zea (Boddie)
24.Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc and Goodey
25.Keiferia lycopersicella (Walsingham)
26.Leptinotarsa decemlineata Say
27.Liriomyza sativae Blanchard
28.Longidorus diadecturus Eveleigh and Allen
29.Meloidogyne chitwoodi Golden et al. (all populations)
30.Monochamus spp. (non-European)
31.Myndus crudus Van Duzee
32.Nacobbus aberrans (Thorne) Thorne and Allen
33.Naupactus leucoloma Boheman
34.Popillia japonica Newman
35.Premnotrypes spp. (non-European)
36.Pseudopityophthorus minutissimus (Zimmermann)
38.Rhizoecus hibisci Kawai and Takagi
39.Rhynchophorus ferrugineus (Olivier)
40.Rhynchophorus palmarum (L.)
41.Saperda candida Fabricius
42.Scaphoideus luteolus Van Duzee
43.Spodoptera eridania (Cramer)
44.Spodoptera frugiperda (J E Smith)
45.Spodoptera littoralis (Boisduval)
46.Spodoptera litura (Fabricus)
47.Thrips palmi Karny
48.Tephritidae (non-European) such as Anastrepha fraterculus (Wiedemann), Anastrepha ludens (Loew), Anastrepha obliqua Macquart, Anastrepha suspensa (Loew), Dacus ciliatus Loew, Dacus curcurbitae Coquillet, Dacus dorsalis Hendel, Dacus tryoni (Froggatt), Dacus tsuneonis Miyake, Dacus zonatus Saund., Epochra canadensis (Loew), Pardalaspis cyanescens Bezzi, Pardalaspis quinaria Bezzi, Pterandrus rosa (Karsch), Rhacochlaena japonica Ito, Rhagoletis cingulata (Loew), Rhagoletis completa Cresson, Rhagoletis fausta (Osten-Sacken), Rhagoletis indifferens Curran, Rhagoletis mendax Curran, Rhagoletis pomonella Walsh, Rhagoletis ribicola Doane or Rhagoletis suavis (Loew)
49.Thaumatotibia leucotreta (Meyrick)
50.Trioza erytreae Del Guercio
51.Xiphinema americanum Cobb sensu lato (non-European populations)
52.Xiphinema californicum Lamberti and Bleve-Zacheo
Bacteria
1.Candidatus Liberibacter spp., a causal agent of Huanglongbing disease of citrus/citrus greening
2.Clavibacter michiganensis (Smith) Davis et al. spp. sepedonicus (Spieckermann and Kotthoff) Davis et al.
3.Xylella fastidiosa (Wells et al.)
4.Xanthomonas citri pv. aurantifolii
5.Xanthomonas citri pv. citri
Fungi
1.Ceratocystis fagacearum (Bretz) Hunt
2.Chrysomyxa arctostaphyli Dietel
3.Cronartium spp. (non-European)
4.Endocronartium spp. (non-European)
5.Guignardia laricina (Sawada) Yamamoto and Ito
6.Gymnosporangium spp. (non-European)
7.Inonotus weirii (Murrill) Kotlaba and Pouzar
8.Melampsora farlowii (Arthur) Davis
9.Melampsora medusa Thümen
10.Mycosphaerella larici-leptolepis Ito et al.
11.Mycosphaerella populorum G E Thompson
12.Phoma andina Turkensteen
13.Phyllosticta citricarpa (McAlpine) Van der Aa
14.Phyllosticta solitaria Ellis & Everhart
15.Septoria lycopersici Speg. var malagutii Ciccarone and Boerema
16.Thecaphora solani Barrus
17.Tilletia indica Mitra
18.Trechispora brinkmannii (Bresad.) Rogers
Viruses and virus-like organisms
1.Apple proliferation mycoplasm
2.Apricot chlorotic leaf roll mycoplasm
3.Candidatus Phytoplasma ulmi
4.Potato viruses or virus-like organisms such as: Andean potato latent virus, Andean potato mottle virus, Arracacha virus B oca strain, Potato black ringspot virus, Potato spindle tuber viroid, Potato virus T or non-European isolates of potato viruses A, M, S, V, X and Y (including Yo, Yn and Yc) or Potato leafroll virus
5.Tobacco ringspot virus
6.Tomato ringspot virus
7.Viruses or virus-like organisms of Cydonia Mill, Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L., or Vitis L., such as: Blueberry leaf mottle virus, Cherry rasp leaf virus (American), Peach mosaic virus (American), Peach phony rickettsia, Peach rosette mosaic virus, Peach rosette mycoplasm, Peach X-disease mycoplasm, Peach yellows mycoplasm, Plum line pattern virus (American), Raspberry leaf curl virus (American), Strawberry latent “C” virus, Strawberry vein banding virus, Strawberry witches’ broom mycoplasma or non-European viruses or virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L.
8.Viruses transmitted by Bemisia tabaci Genn., such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus
Parasitic plants
1.Arceuthobium spp. (non-European)

PART BPlant pests known to occur in the United Kingdom

Insects, mites and nematodes
1.Globodera pallida Stone Behrens
2.Globodera rostochiensis (Wollenweber) Behrens
3.Meloidogyne fallax Karssen
4.Opogona sacchari (Bojer)
Bacteria
1.Ralstonia solanacearum (Smith) Yabuuchi et al.
Fungi
1.Synchytrium endobioticum (Schilbersky) Percival
Viruses and virus-like organisms
1.Pear decline mycoplasm

PART CPlant pests which must not be introduced into, or spread within, a relevant UK pest free area

Item Plant pest Description of UK pest free area
1.Beet necrotic yellow vein virusNorthern Ireland
2.Liriomyza bryoniae (Kaltenbach)Northern Ireland
3.Liriomyza huidobrensis (Blanchard)Northern Ireland
4.Liriomyza trifolii (Burgess)Northern Ireland
5.Thaumetopoea processionea L.The United Kingdom, except the local authority areas of Barking and Dagenham, Barnet, Basildon, Basingstoke and Dene, Bexley, Bracknell Forest, Brent, Brentwood, Bromley, Broxbourne, Camden, Castle Point, Chelmsford, Chiltern, City of London, City of Westminster, Crawley, Croydon, Dacorum, Dartford, Ealing, East Hertfordshire, Elmbridge District, Enfield, Epping Forest, Epsom and Ewell District, Gravesham, Greenwich, Guildford, Hackney, Hammersmith & Fulham, Haringey, Harlow, Harrow, Hart, Havering, Hertsmere, Hillingdon, Horsham, Hounslow, Islington, Kensington & Chelsea, Kingston upon Thames, Lambeth, Lewisham, Littlesford, Medway, Merton, Mid Sussex, Mole Valley, Newham, North Hertfordshire, Reading, Redbridge, Reigate and Banstead, Richmond Upon Thames, Runnymede District, Rushmoor, Sevenoaks, Slough, South Bedfordshire, South Bucks, South Oxfordshire, Southwark, Spelthorne District, St Albans, Sutton, Surrey Heath, Tandridge, Three Rivers, Thurrock, Tonbridge and Malling, Tower Hamlets, Waltham Forest, Wandsworth, Watford, Waverley, Welwyn, Hatfield, West Berkshire, Windsor and Maidenhead, Woking, Wokingham and Wycombe

PART DPlant pests which are subject to emergency measures and must not be introduced into, or spread within, Scotland

1.Aromia bungii (Faldermann)
2.Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus
3.Epitrix cucumeris (Harris), Epitrix papa. Orlova-Bienkowskaja, Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner)
4.Gibberella circinata Nirenberg & O’Donnell
5.Pomacea (Perry)
6.Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov.
7.Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto

Article 2(1)

SCHEDULE 2Prohibited infested material

PART ARelevant material which may not be brought into or moved within Scotland if the material is carrying or infected with plant pests that are not known to occur in the United Kingdom

Insects, mites and nematodes

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Aleurocanthus spp.
2.Plants, other than seeds, of Fragaria L., intended for plantingAnthonomus bisignifer (Schenkling)
3.Plants, other than seeds, of Fragaria L., intended for plantingAnthonomus signatus (Say)
4.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Aonidiella citrina Coquillett
5.Plants, other than seeds, of Fragaria L., intended for planting or seeds of Oryza spp.Aphelenchoides besseyi Christie
6.Plants, other than fruit or seeds, of Juniperus L., originating in any country outside EuropeAschistonyx eppoi Inouye
7.Plants, other than seeds, of Cydonia Mill. Malus Mill, Prunus L. or Pyrus L., originating in any country outside EuropeCarposina niponenis Walsingham
8.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Circulifer haematoceps (Mulsant and Rey)
9.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Circulifer tenellus (Baker)
10.Plants, other than seeds of Cydonia Mill., Malus Mill., Prunus L. or Rosa L., originating in any country outside EuropeEnarmonia packardi (Zeller)
11.Plants, other than seeds, of Crataegus L., Malus Mill., Photinia LdL., Prunus L. or Rosa L., or fruit of Malus Mill. or Prunus L., originating in any country outside EuropeEnarmonia prunivora Walsh
12.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Eotetranychus lewisi (McGregor)
13.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Eutetranychus orientalis Klein
14.Plants, other than seeds of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeGrapholita inopinata Heinrich
15.Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L., Pelargonium L’Herit ex Ait. or the family Solanaceae, intended for plantingHelicoverpa armigera (Hübner)
16.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Hishomonus phycitis (Distant)
17.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Leucaspis japonica Ckll.
18.Seeds of Cruciferae, Gramineae or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or UruguayListronotus bonariensis (Kuschel)
19.

Cut flowers or leafy vegetables of Apium graveolens L. or plants of herbaceous species, intended for planting, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes, or

  • seeds

Liriomyza huidobrensis (Blanchard)
20.

Cut flowers or leafy vegetables of Apium graveolens L. or plants of herbaceous species, intended for planting, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes, or

  • seeds

Liriomyza trifolii (Burgess)
21.Plants, other than fruit or seeds, of Vitis L.

Margarodes, non-European species, such as:

  • Margarodes vitis (Philippi)

  • Margarodes vredendalensis de Klerk

  • Margarodes prieskaensis Jakubski

22.Plants, other than seeds, of Pyrus L., originating in any country outside EuropeNumonia pyrivorella (Matsumura)
23.Plants, other than fruit or seeds, of Juniperus L., originating in any third country outside EuropeOligonychus perditus Pritchard and Baker
24.Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth., Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.Paysandisia archon (Burmeister)
25.Plants, other than fruit or seeds, of conifersPissodes spp. (non-European)
26.Plants of Araceae, Marantaceae, Musaceae, Persea spp., or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing mediumRadopholus similis (Cobb) Thorne
27.Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following taxa: Areca catechu L., Arenga pinnata (Wurmb) Merr., Bismarckia Hildebr. & H. Wendl., Borassus flabellifer L., Brahea armata S. Watson, Brahea edulis H. Wendl., Butia capitata (Mart.) Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. Ex Mart., Chamaerops humilis L., Cocos nucifera L., Copernicia Mart., Corypha utan Lam., Elaeis guineenis Jacq., Howea forsteriana Becc., Jubaea chilensis (Molina) Baill., Livistona australis C. Martius, Livistona decora (W. Bull) Dowe, Livistonia rotundifolia (Lam.) Mart., Metroxylon sagu Rottb., Phoenix canariensis Chabaud, Phoenix dactylifera L., Phoenix reclinata Jacq., Phoenix roebelenii O’Brien, Phoenix sylvestris (L.) Roxb., Phoenix theophrasti Greuter, Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonea regia (Kunth) O.F. Cook, Sabal palmetto (Walter) Lodd. ex Schult. & Schult. f., Syagrus roman-zoffiana (Cham.) Glassman, Trachycarpus fortunei (Hook.) H. Wendl. or Washingtonia Raf.Rhynchophorus ferrugineus (Olivier)
28.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.; or plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, in any case rooted or with growing medium attached or which appear to have been in contact with growing mediumRadopholus citrophilus Huettel Dickson and Kaplan
29.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Scirtothrips aurantii Faure
30.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Scirtothrips dorsalis Hood
31.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Scirtothrips citri (Moultex)
32.Tubers of Solanum tuberosum L.Scrobipalpopsis solanivora Povolny
33.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeTachypterellus quadrigibbus Say
34.Plants, other than fruit or seeds, of Pinus L., intended for plantingThaumetopoea pitycampa Denis & Schiffermüller
35.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Toxoptera citricida (Kirk.)
36.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Unaspis citri Comstock
Bacteria

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus variegated chlorosis
2.Plants of Solanum lycopersicum L., intended for plantingClavibacter michiganensis ssp. michiganensis (Smith) Davis et al.
3.Seeds of Zea mays L.Erwinia stewartii (Smith) Dye
4.Plants, other than seeds, of Dianthus L., intended for plantingPseudomonas caryophylli (Burkholder) Starr and Burkholder
5.Plants, other than seeds, of Prunus persica (L.) Batsch or Prunus persica var. nectarina (Ait.) Maxim, intended for plantingPseudomonas syringae pv. persicae (Prunier et al.) Young et al.
6.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Spiroplasma citri Saglio et al.
7.Plants, other than seeds, of Prunus L., intended for plantingXanthomonas arboricola pv. pruni (Smith) Vauterin et al.
8.Seeds of Phaseolus L.Xanthomonas campestris pv. phaseoli (Smith) Dye
9.Plants of Solanum lycopersicum L. or Capsicum spp., intended for plantingXanthomonas campestris pv. vesticatoria (Doidge) Dye
10.Plants, other than fruit or seeds, of Vitis L.Xylophilus ampelinus (Panagopoulos) Willems et al.
11.Seeds of Oryza spp.Xanthomonas campestris pv. oryzae (Ishiyama) Dye and pv. oryzicola (Fang. et al.) Dye
Fungi

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than seeds, of Cydonia Mill., Malus Mill. or Pyrus L., intended for planting, originating in any country outside EuropeAlternaria alternata (Fr.) Keissler (non-European pathogenic isolates)
2.Plants, other than seeds, of Corylus L., intended for planting, originating in Canada or the USAAnisogramma anomala (Peck) E. Müller
3.Plants, other than seeds, of Prunus L., intended for plantingApiosporina morbosa (Schwein.) v. Arx
4.Plants, other than fruit or seeds, of Pinus L., intended for plantingAtropellis spp.
5.Plants, other than seeds, of Platanus L., intended for planting,Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.
6.Plants, other than fruit or seeds, of Acer saccharum MarshCeratocystis virescens (Davidson) Moreau
7.Plants, other than fruit or seeds, of Pinus L.Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton
8.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Cercospora angolensis Carv. and Mendes
9.Plants, other than seeds, of Vaccinium spp., intended for plantingDiaporthe vaccinii Shaer
10.Plants, other than fruit or seeds, of Fortunella Swingle or Poncirus Raf.; or plants, other than fruit or seeds (except fruit of Citrus reticulata Blanco and Citrus sinensis (L.) Osbeck) of Citrus L., originating in any country in South AmericaElsinoe spp. Bitanc. and Jenk. Mendes
11.Plants, other than fruit or seeds, of Phoenix spp.Fusarium oxysporum f. sp. albedinis (Kilian and Maire) Gordon
12.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeGuignardia piricola (Nosa) Yamamoto
13.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Phoma tracheiphila (Petri) Kanchaveli and Gikashvili
14.Seeds of Helianthus annuus L.Plasmopara halstedii (Farlow) Berl. and de Toni
15.Plants, other than fruit or seeds, of SolanaceaePuccinia pittieriana Hennings
16.Plants, other than fruit or seeds, of Pinus L.Scirrhia acicola (Dearn.) Siggers
17.Plants, other than seeds, of Pinus L., intended for plantingScirrhia pini Funk and Parker
18.Plants, other than seeds, of Ulmus L. or Zelkova L., intended for plantingStegophora ulmea (Schweintz: Fries) Sydow & Sydow
19.Plants, other than seeds, of Pyrus L., intended for planting, originating in any country outside EuropeVenturia nashicola Tanaka and Yamamoto
Viruses and virus-like organisms

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than seeds, of Beta vulgaris L., intended for plantingBeet curly top virus (non-European isolates)
2.Plants, other than seeds, of Beta vulgaris L., intended for plantingBeet leaf curl virus
3.Plants of Rubus L., intended for plantingBlack raspberry latent virus
4.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Blight or blight-like
5.Plants, other than seeds, of Palmae, intended for planting, originating in any country outside EuropeCadang-Cadang viroid
6.Plants, other than seeds, of Ulmus L., intended for plantingCandidatus Phytoplasma ulmi
7.Plants, other than seeds, of Dendranthema (DC.) Des Moul. or Solanum lycopersicum L., intended for plantingChrysanthemum stem necrosis virus
8.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus mosaic virus
9.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus tristeza virus
10.Plants, other than fruit or seeds, of Vitis L.Grapevine flavescence dorée MLO
11.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Leprosis
12.Plants, other than seeds, of Prunus cerasus L., Prunus avium L., Prunus incisa Thunb., Prunus sargentii Rehd., Prunus serrula Franch., Prunus serrulata Lindl., Prunus speciosa (Koidz.) Ingram, Prunus subhirtella Miq. or Prunus yedoensis Matsum., or their cultivars, intended for plantingLittle cherry pathogen (non-European isolates)
13.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Naturally spreading psorosis
14.Plants, other than seeds, of Palmae, intended for planting, originating in any third country outside EuropePalm lethal yellowing mycoplasm
15.Plants of Solanum lycopersicum L., Capsicum annum L. or Capsicum frutescens L., intended for planting, or plants of Solanum tuberosum L.Potato spindle tuber viroid
16.Plants, other than seeds, of Solanaceae, intended for plantingPotato stolbur mycoplasm
17.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Satsuma dwarf virus
18.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Tatter leaf virus
19.Plants, other than seeds, of Solanum lycopersicum L., intended for plantingTomato yellow leaf curl virus
20.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Witches’ broom (MLO)

PART BRelevant material which may not be brought into or moved within Scotland if the material is carrying or infected with regulated plant pests known to occur in the United Kingdom

Insects, mites and nematodes

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than seeds, of Fuchsia L., intended for plantingAculops fuchsiae Keifer
2.Plants, other than fruit or seeds, of Vitis L.Daktulosphaira vitifoliae (Fitch)
3.Flowers, bulbs or corms of Crocus L., miniature cultivars of the genus Gladiolus Tourn. ex. L. including Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Trigridia Juss. or Tulipa L., intended for planting; or potato tubers (Solanum tuberosum L.), intended for plantingDitylenchus destructor Thorne
4.Seeds or bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L., intended for planting; bulbs or corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne, Hyacinthus L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L. or Tulipa L., intended for planting; or seeds of Medicago sativa L.Ditylenchus dipsaci (Kühn) Filipjev
5.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Parasaissetia nigra (Nietner)
Bacteria

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Seeds of Medicago sativa L.Clavibacter michiganensis ssp. insidiosus (McCulloch) Davis et al.
2.Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for plantingErwinia amylovora (Burr.) Winsl. et al.
3.Plants, other than seeds, of Dianthus L., intended for plantingErwinia chrysanthemi pv. dianthicola (Hellmers) Dickey
4.Plants, other than seeds, of Fragaria L., intended for plantingXanthomonas fragariae Kennedy and King
Fungi

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants of Castanea Mill., intended for planting; plants, other than seeds, of Quercus L., intended for plantingCryphonectria parasitica (Murrill) Barr
2.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for plantingDidymella ligulicola (Baker, Dimock and Davis) v. Arx
3.Plants, other than seeds, of Dianthus L., intended for plantingPhialophora cinerescens (Wollenweber) van Beyma
4.Plants, other than seeds, of Fragaria L., intended for plantingPhytophthora fragariae Hickman var. fragariae
5.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for plantingPuccinia horiana Hennings
6.Plants, other than seeds, of Humulus lupulus L., intended for plantingVerticillium albo-atrum Reinke and Berthold
7.Plants, other than seeds, of Humulus lupulus L., intended for plantingVerticillium dahliae Klebahn
Viruses and virus-like organisms

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingArabis mosaic virus
2.Plants of Rubus L., intended for plantingCherry leaf-roll virus
3.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for plantingChrysanthemum stunt viroid
4.Plants of Rubus L., intended for plantingPrunus necrotic ringspot virus
5.Plants, other than seeds, of Prunus L., intended for plantingPlum pox virus
6.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingRaspberry ringspot virus
7.Plants, other than seeds, of Fragaria L., intended for plantingStrawberry crinkle virus
8.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingStrawberry latent ringspot virus
9.Plants, other than seeds, of Fragaria L., intended for plantingStrawberry mild yellow edge virus
10.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingTomato black ring virus
11.Plants, other than seeds, of Apium graveolens L., Capsicum annuum L., Cucumis melo L., Dendranthema (DC.) Des Moul., any variety of New Guinea hybrids of Impatiens, Lactuca sativa L., Solanum lycopersicum L. or Nicotiana tabacum L. of which there must be evidence that they are intended for sale to professional tobacco producers; Solanum melongena L. or Solanum tuberosum L., intended for plantingTomato spotted wilt virus

PART CRelevant material which may not be brought into or moved within a relevant UK pest free area if the material is carrying or infected with specified plant pests

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

(4)

UK pest free area

1.Plants, other than seeds, of Larix Mill., intended for plantingCephalcia laricphila (Klug)Northern Ireland
2.Plants, other than seeds, of Picea A. Dietr., intended for plantingGilphinia hercyniae (Hartig)Northern Ireland
3.Plants, other than seeds, of Populus L., intended for plantingHypoxylon mammatum (Wahl.) J. MillerNorthern Ireland

PART DRelevant material which is subject to emergency measures and must not be brought into or moved within Scotland if the material is carrying or infected with specified plant pests

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants of Fraxinus L., intended for plantingChalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus

Article 2(1)

SCHEDULE 3Prohibited material

PART ARelevant material, originating in third countries, the entry of which into Scotland is prohibited

(1)

Item

(2)

Description of relevant material

(3)

Countries of origin

1.Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr.Any country outside Europe
2.Plants with leaves, other than fruit or seeds, of Castanea Mill. or Quercus L.Any country outside Europe
3.Plants with leaves, other than fruit or seeds, of Populus L.Any country in North America
4.Plants, other than dormant plants free from leaves, flowers and fruit, of Chaenomeles Lindl., Cydonia Mill., Crataegus L., Malus Mill., Prunus L., Pyrus L. or Rosa L., intended for plantingAny country outside Europe
5.Plants, other than dormant plants free from leaves, flowers and fruit, of Photinia Lindl., intended for plantingThe USA, China, Japan, the Republic of Korea or the Democratic People’s Republic of Korea
6.Tubers of Solanum tuberosum L. for plantingAny third country other than the European Union or Switzerland
7.Plants of stolon- or tuber-forming species of Solanum L., intended for planting, other than tubers of Solanum tuberosum L. specified in item 6Any third country other than the European Union
8.Tubers of species of Solanum L., other than those specified in items 6 and 7Any third country other than Algeria, Bosnia and Herzegovina, Egypt, the European Union, Israel, Libya, Morocco, Serbia, Switzerland, Syria, Tunisia or Turkey
9.Plants of Solanaceae, intended for planting, other than seeds and relevant material specified in items 6 to 8Any third country other than any country in the Euro-Mediterranean area
10.Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus (including peat or bark), other than that composed entirely of peatBelarus, Moldova, Russia, Ukraine or any third country not in mainland Europe, other than Egypt, Israel, Libya, Morocco or Tunisia
11.Plants, other than fruit, of Vitis L.Any third country, other than the European Union or Switzerland
12.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf.Any third country, other than the European Union
13.Plants, other than fruit or seeds, of Phoenix spp.Algeria or Morocco
14.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L., Pyrus L. or Fragaria L., intended for plantingAny third country, other than a country in the Euro-Mediterranean area, Australia, New Zealand, Canada or the continental states of the USA
15.Plants, other than seeds, of the family, Gramineae other than plants of the ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae or of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. or Uniola L., intended for plantingAny third country, other than a country in the Euro-Mediterranean area

PART BOther relevant material which is subject to emergency measures and the entry of which into Scotland is prohibited

(1)

Item

(2)

Description of relevant material

(3)

Countries of origin

1.Plants, other than seeds, of Coffea, intended for plantingCosta Rica or Honduras

Article 2(1)

SCHEDULE 4Regulated material

Interpretation

In this schedule—

Directive 69/464/EEC” means Council Directive on control of Potato Wart Disease 69/464/EEC(113);

“EPPO PM 10/18” means the standard describing a hot water treatment of grapevine to control Grapevine flavescence dorée phytoplasma approved by the European and Mediterranean Plant Protection Organization(114);

“EU 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 in the European Union;

“phytosanitary certificate” includes a phytosanitary certificate for re-export;

“relevant PCN Schedule” means—

(a)

in relation to relevant material produced in Scotland, schedule 15 of this Order;

(b)

in relation to relevant material produced in England, schedule 14 of the Plant Health (England) Order 2015;

(c)

in relation to relevant material produced in Wales, schedule 14 of the Plant Health (Wales) Order 2018;

(d)

in relation to relevant material produced in Northern Ireland, schedule 14 of the Plant Health Order (Northern Ireland) 2018;

“relevant Potato Wart Disease Schedule” means—

(a)

in relation to potatoes produced in Scotland, schedule 14 of this Order;

(b)

in relation to to potatoes produced in England, schedule 13 of the Plant Health (England) Order 2015;

(c)

in relation to potatoes produced in Wales, schedule 13 of the Plant Health (Wales) Order 2018;

(d)

in relation to potatoes produced in Northern Ireland, schedule 13 of the Plant Health Order (Northern Ireland) 2018;

“relevant Seed Marketing Regulations” means—

(a)

in relation to seed produced in Scotland, the Fodder Plant Seed (Scotland) Regulations 2005(115);

(b)

in relation to seed produced in England, the Seed Marketing Regulations 2011(116);

(c)

in relation to seed produced in Wales, the Seed Marketing (Wales) Regulations 2012(117);

(d)

in relation to seed produced in Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016(118);

“relevant Seed Potatoes Regulations” means—

(a)

in the case of seed potatoes produced in Scotland, the Seed Potatoes (Scotland) Regulations 2015(119);

(b)

in the case of seed potatoes produced in England, the Seeds Potatoes (England) Regulations 2015(120);

(c)

in the case of seed potatoes produced in Wales, the Seed Potatoes (Wales) Regulations 2016(121);

(d)

in the case of seed potatoes produced in Northern Ireland, the Seed Potatoes Regulations (Northern Ireland) 2016(122).

PART ARelevant material, originating in third countries, which may only be brought into Scotland if specified requirements are met

(1)

Item

(2)

Description of relevant material

(3)

Requirements

1.Plants, other than fruit or seeds, of conifers (Coniferales), originating in any third country outside EuropeThe plants must be accompanied by an official statement that the plants have been produced in a nursery and that they originate in a place of production which has been established by the national plant protection organisation in accordance with ISPM No. 10 as a place of production that is free from Pissodes spp. (non-European)
2.Plants, other than seeds, of Pinus L., intended for planting, originating in any third country, other than the European UnionThe plants must be accompanied by an official statement that no symptoms of Scirrhia acicola (Dearn.) Siggers have been observed at their place of production or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation
3.Plants, other than seeds, of Pinus L., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that no symptoms of Scirrhia pini Funk and Parker have been observed at their place of production or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation
4.Plants, other than fruit or seeds, of Pinus L., intended for planting, originating in any third countryThe plants must be accompanied by:
(a)

an official statement that have been grown throughout their life in a place of production in a country in which Thaumetopoea pityocampa Denis & Schiffermüller is not known to occur,

(b)

an official statement that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Thaumetopoea pityocampa Denis & Schiffermüller,

(c)

an official statement that they have been produced in nurseries which, along with their vicinity, have been found free from Thaumetopoea pityocampa Denis & Schiffermüller on the basis of official inspections and official surveys carried out at appropriate times, or

(d)

an official statement that they have been grown throughout their life in a site with complete physical protection against the introduction of Thaumetopoea pityocampa Denis & Schiffermüller and have been inspected at appropriate times and found to be free from Thaumetopoea pityocampa Denis & Schiffermüller.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
5.Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that no symptoms of Melampsora medusa Thümen have been observed at their place of production or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation
6.Plants, other than fruit or seeds, of Quercus L., originating in the USAThe plants must be accompanied by an official statement that the plants originate in an area* which, in accordance with the measures specified in ISPM No. 4, is known to be free from Ceratocystis fagacearum (Bretz) Hunt.
* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
7.Plants, other than seeds, of Quercus L., intended for planting, originating in any third countryThe plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Cryphonectria parasitica (Murrill) Barr, or

(b)

an official statement that 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.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
8.Plants, other than fruit or seeds, of Castanea Mill. or Quercus L., originating in any country outside EuropeThe plants must be accompanied by an official statement that no signs of Cronartium spp. (non-European) have been observed at their place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
9.Plants, other than seeds, of Castanea Mill., intended for planting, originating in any third countryThe plants must be accompanied by:
(a)

an official statement that they have been grown throughout their life in a place of production in a country where Cryphonectria parasitica (Murrill) Barr is known not to occur,

(b)

an official statement that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Cryphonectria parasitica (Murrill) Barr, or

(c)

in the case of plants originating in the European Union, an official statement that they have been grown throughout their life, in a part of the European Union which is recognised as an EU protected zone in relation to Cryphonectria parasitica (Murrill) Barr.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
10.Plants of Castanea Mill., other than plants in tissue culture, fruit or seeds, originating in any third countryThe plants must be accompanied by:
(a)

an official statement that they have been grown throughout their life in a place of production in a country where Dryocosmus kuriphilus Yasumatsu is known not to occur,

(b)

an official statement that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Dryocosmus kuriphilus Yasumatsu, or

(c)

an official statement that they have been grown throughout their life in an EU protected zone which is recognised as such in relation to Dryocosmus kuriphilus Yasumatsu.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
11.Plants, other than seeds, of Corylus L., intended for planting, originating in Canada or the USAThe plants must be accompanied by:
(a)

an official statement that the plants have been grown in a nursery and that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Anisogramma anomala (Peck) E. Müller, or

(b)

an official statement that the plants have been grown in a nursery and that they originate in a place of production** established by the national plant protection organisation in accordance with ISPM No. 10 as a place of production that is free from Anisogramma anomala (Peck) E. Müller on the basis of official inspections carried out at the place of production and in its immediate vicinity since the beginning of the last three complete cycles of vegetation.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

** The name of the place of production(s) must be included in the phytosanitary certificate under the heading “Additional declaration”

12.Plants, other than fruit or seeds, including cut branches with or without foliage, of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USAThe plants must be accompanied by an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Agrilus planipennis Fairmaire.
A phytosanitary certificate may not include any such official statement unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas.
* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
13.Plants, other than fruit or seeds, but including cut branches, with or without foliage, of Betula L., originating in any third country, other the European UnionThe plants must be accompanied by a phytosanitary certificate which includes an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Agrilus anxius Gory
14.Plants, other than seeds, of Platanus L., intended for planting, originating in Armenia, the European Union, Switzerland or the USAThe plants must be accompanied by:
(a)

an official statement that the plants have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Ceratoycystis platani (J.M. Walter) Engelbr. & T.C Harr., or

(b)

in the case of plants originating in the European Union, an official statement that they originate in a part of the European Union which is recognised as an EU protected zone in relation to Ceratoycystis platani (J.M. Walter) Engelbr. & T.C Harr.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
15.Plants, other than seeds, of Populus L., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that no symptoms of Melampsora medusa Thümen have been observed at their place of production or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation
16.Plants, other than seeds, of Populus L., intended for planting, originating in any country of the American continentThe plants must be accompanied by a phytosanitary certificate which includes an official statement that no symptoms of Mycosphaerella populorum G.E. Thompson have been observed at their place of production or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation
17.Plants, other than fruit or seeds, of Ulmus L., intended for planting, originating in the European Union or any country in North AmericaThe plants must be accompanied by an official statement that no symptoms of Candidatus Phytoplasma ulmi have been observed at their place of production or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation
18.Plants, other than scions, cuttings, plants in tissue culture, pollen or seeds, of Amelanchier Medik., Aronia Medik., Cotoneaster Medik., Crataegus L., Cydonia Mill., Malus Mill., Prunus L., Pyracantha M. Roem., Pyrus L. or Sorbus L., intended for planting, originating in Canada or the USAThe plants must be accompanied by:
(a)

an official statement that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Saperda candida Fabricius, or

(b)

an official statement that they have been grown during a period of at least two years prior to export, or in the case of plants which are younger than two years, have been grown throughout their life:

(i)

in a place of production established as free from Saperda candida Fabricius in accordance with ISPM No. 10,

(aa)

which is registered and supervised by the national plant protection organisation in the country of origin and has been subjected annually to two official inspections for any signs of Saperda candida Fabricius carried out at appropriate times, and

(bb)

where they have been grown in a site with complete physical protection against the introduction of Saperda candida Fabricius or with appropriate preventive treatments and surrounded by a buffer zone with a width of at least 500 m in which the absence of Saperda candida Fabricius has been confirmed by official surveys carried out annually at appropriate times, and

(ii)

immediately prior to export, the plants, and in particular their stems, have been subjected to a meticulous inspection for the presence of Saperda candida Fabricius, which included destructive sampling, where appropriate.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
19.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country, other than the European UnionThe fruits must be free from peduncles and leaves and the packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment must bear an appropriate origin mark (which may be a reference to the name of the country of origin)
20.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in the European UnionThe packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment of fruits must bear an appropriate origin mark (which may be a reference to the name of the country of origin)
21.Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans., or Swinglea Merr., originating in any third country other than the European UnionThe fruits must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii,

(b)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii,

(c)

an official statement that they originate in a place of production** established by the national plant protection organisation in accordance with ISPM No. 10 as free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii, or

(d)

an official statement:

(i)

that they have been subjected to a treatment with sodium orthophenylphenate or any other effective treatment which has been previously notified in writing to the national plant protection organisation of the United Kingdom by the relevant national plant protection organisation,

(ii)

that they originate in a site of production, which along with the immediate vicinity, are subject to appropriate treatments and cultural practices against Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii, and

(iii)

that they are free from symptoms of Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii, as shown from official inspections carried out at appropriate times prior to export, and

(iv)

that includes information on traceability.

A phytosanitary certificate may not include:
  • the official statement referred to in paragraph (a) unless the national plant protection organisation of the country of origin has previously notified the national plant protection organisation of the United Kingdom of this information in writing, or

  • the official statement referred to in paragraph (b) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

** The name of the place of production(s) must be included in the phytosanitary certificate under the heading “Additional declaration”

22.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country, other than the European UnionThe fruits must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Cercospora angolensis Carv. et Mendes,

(b)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Cercospora angolensis Carv. et Mendes, or

(c)

an official statement that no symptoms of Cercospora angolensis Carv. et Mendes have been observed in the site of production of the fruits or in the immediate vicinity of the site since the beginning of the last cycle of vegetation and none of fruits harvested in the site of production has shown, on appropriate official examination, symptoms of Cercospora angolensis Carv. et Mendes.

A phytosanitary certificate may not include:
  • the official statement referred to in paragraph (a) unless the national plant protection organisation of the country of origin has previously notified the national plant protection organisation of the United Kingdom of this information in writing, or

  • the official statement referred to in paragraph (b) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
23.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, originating in any third country, other than Argentina, Brazil, the European Union, South Africa or UruguayThe fruits must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Phyllosticta citricarpa (McAlpine) Van der Aa,

(b)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Phyllosticta citricarpa (McAlpine) Van der Aa,

(c)

an official statement that they:

(i)

originate in a place of production** established by the national plant protection organisation in accordance with ISPM No. 10 as free from Phyllosticta citricarpa (McAlpine) Van der Aa, and

(ii)

have been found free of symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa by official inspection of a representative sample, defined in accordance with international standards, or

(d)

an official statement that:

(i)

they originate in a site of production which is subjected to appropriate treatments and cultural measures against Phyllosticta citricarpa (McAlpine) Van der Aa,

(ii)

official inspections have been carried out in the site of production during the growing season since the beginning of the last cycle of vegetation and no symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa have been detected in the fruits, and

(iii)

the harvested fruits from that site of production have been found free of symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa during official inspections prior to export of a representative sample defined in accordance with international standards.

A phytosanitary certificate may not include:
  • the official statement referred to in paragraph (a) unless the national plant protection organisation of the country of origin has previously notified the national plant protection organisation of the United Kingdom of this information in writing, or

  • the official statement referred to in paragraph (b) or (c) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area(s) or place(s) of production.

Where the phytosanitary certificate includes the official statement referred to in paragraph (d), information on traceability must also be included in the phytosanitary certificate.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
** The name of the place of production(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
24.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country where Tephritidae (non-European) are known to occur on these fruitsThe fruits must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Tephritidae (non-European);

(b)

if the requirements mentioned in paragraph (a) cannot be met, an official statement that no signs of Tephritidae (non-European) have been observed at the place of production of the fruits or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation, on official inspections carried out at least monthly during the three months prior to harvesting, and that none of the fruits harvested at the place of production have shown, in appropriate official examination, signs of Tephritidae (non-European);

(c)

if the requirements mentioned in paragraphs (a) and (b) cannot be met, an official statement that the fruits have been shown, on appropriate official examination on representative samples, to be free from Tephritidae (non-European) in all stages of their development, or

(d)

if the requirements mentioned in paragraphs (a) to (c) cannot be met, an official statement that the fruits have been subjected to an appropriate treatment, any acceptable vapour heat treatment, cold treatment, or quick freeze treatment, which has been shown to be efficient against Tephritidae (non-European) without damaging the fruit, or, where not available, chemical treatment as far as it is acceptable under retained EU law relating to the maximum residue levels of pesticides in or on food and feed of plant and animal origin

25.Fruits of Capsicum (L.), Citrus L., other than Citrus limon (L.) Osbeck. or Citrus aurantii-folia (Christm.) Swingle, Prunus persica (L.) Batsch or Punica granatum L., originating in any country of the African continent, Cape Verde, Israel, Madagascar, Mauritius, La Reunion or Saint HelenaThe fruits must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Thaumatotibia leucotreta (Meyrick),

(b)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Thaumatotibia leucotreta (Meyrick),

(c)

an official statement:

(i)

that they originate in a place of production established by the national plant protection organisation in accordance with ISPM No. 10 as free from Thaumatotibia leucotreta (Meyrick), and

(ii)

that they are free from that plant pest as shown from official inspections carried out in the place of production at appropriate times during the growing season, which included a visual examination on representative samples of the fruits, and which includes information on traceability, or

(d)

in the case of fruits which have been subjected to an effective cold treatment or any other effective treatment to ensure freedom from Thaumatotibia leucotreta (Meyrick) which has previously been notified in writing to the national plant protection organisation of the United Kingdom by the relevant national plant protection organisation, an official statement they have been subjected to such a treatment, which includes the treatment data.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
26.Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting, originating in any third countryThe plants must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free Erwinia amylovora (Burr.) Winsl. et al.,

(b)

an official statement that the plants in the field of production or its immediate vicinity which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al. have been removed,

(c)

in the case of plants originating in the European Union, an official statement that they originate in an area established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Erwinia amylovora (Burr.) Winsl. et al.

A phytosanitary certificate may not include the official statement referred to in paragraph (a) unless the national plant protection organisation of the country of origin has previously notified the national plant protection organisation of the United Kingdom of this information in writing
27.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf., originating in the European UnionThe plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains),

(b)

an official statement that the plants derive from a certification scheme requiring 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 have been growing permanently in an insect proof glasshouse or isolated cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili or Citrus tristeza virus (European strains) have been observed, or

(c)

an official statement that they:

(i)

have been derived from a certification scheme requiring 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 has been found free from Citrus tristeza virus (European strains) and certified free from at least Citrus tristeza virus (European strains) in official individual tests carried out according to the methods mentioned in this paragraph, and

(ii)

have been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili or Citrus tristeza virus (European strains) have been observed since the beginning of the last complete cycle of vegetation

28.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. or plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium, originating in any third country, other than the European UnionThe plants must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne, or

(b)

an official statement that representative samples of soil and roots from the place of production have been subjected, since the beginning of the last complete cycle of vegetation, to official nematological testing for at least Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne and have been found to be free from those plant pests

29.Plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium, originating in the European UnionThe plants must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Radopholus similis (Cobb) Thorne,

(b)

an official statement that representative samples of soil and roots from the place of production have been subjected, since the beginning of the last complete cycle of vegetation, to official nematological testing for at least Radopholus similis (Cobb) Thorne and have been found to be free from that plant pest, or

(c)

in the case of plants originating in the European Union, an official statement that no contamination by Radopholus similis (Cobb) Thorne has been observed at the place of production since the beginning of the last complete cycle of vegetation

30.Plants, other than fruit but including seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum 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., originating in any third country, other than the European Union; or seeds of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country, other than the European UnionThe plants must be accompanied by an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Candidatus Liberibacter spp., a causal agent of Huanglongbing disease of citrus/citrus greening.
A phytosanitary certificate may not include any such official statement unless the national plant protection organisation of the country of origin has previously notified the national plant protection organisation of the United Kingdom of this information in writing.
31.

Plants, other than fruit or seeds, of

  • Casimiroa La Llave, Choisya Kunth, Clausena Burm. f., Murraya J.Koenig ex L., Vepris Comm, or Zanthoxylum L., originating in any third country

  • Citrus L., Fortunella Swingle or Poncirus Raf., originating in the European Union

The plants must be accompanied by a phytosanitary certificate which includes:
(a)

an official statement that they originate in a country in which Trioza erytreae Del Guercio is known not to occur,

(b)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Trioza erytreae Del Guercio, or

(c)

an official statement they have been grown in a place of production:

(i)

which is registered and supervised by the national plant protection organisation in the country of origin,

(ii)

where the plants were placed in a site with complete physical protection against the introduction of Trioza erytreae Del Guercio, and

(iii)

where two official inspections were carried out at appropriate times during the last complete cycle of vegetation prior to their movement from the site, and no signs of that plant pest were observed in that site or in the surrounding area with a width of at least 200 metres.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
32.Plants, other than fruit or seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Amyris P. Browne, Atalantia Corrêa, Balsamocitrus Stapf, Choisya Kunth, Citropsis Swingle & Kellermen, 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, other than the European UnionThe plants must be accompanied by:
(a)

an official statement that they originate in a country where Diaphorina citri Kuway is known not to occur, or

(b)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Diaphorina citri Kuway.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
33.Plants, other than fruits or seeds, of Microcitrus Swingle, Naringi Adans. or Swinglea Merr., originating in any third country, other than the European UnionThe plants must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii, or

(b)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii.

A phytosanitary certificate may not include:
  • the official statement referred to in paragraph (a) unless the national plant protection organisation of the country of origin has previously notified the national plant protection organisation of the United Kingdom of this information in writing, or

  • the official statement referred to in paragraph (b) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”

34.Plants, other than seeds, of Crataegus L., intended for planting, originating in any third country where Phyllosticta solitaria Ell. and Ev. is known to occurThe plants must be accompanied by a phytosanitary certificate which includes an official statement that no symptoms of Phyllosticta solitaria Ell. and Ev. have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation
35.

Plants, other than seeds, of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L. or Rubus L., intended for planting, originating in any third country where the following plant pests are known to occur on the following genera:

  • in the case of Fragaria L.:

    • Phytophthora fragariae Hickman var. fragariae,

    • Arabis mosaic virus,

    • Raspberry ringspot virus,

    • Strawberry crinkle virus,

    • Strawberry latent ringspot virus,

    • Strawberry mild yellow edge virus,

    • Tomato black ring virus,

    • Xanthomonas fragariae Kennedy and King;

  • in the case of Malus Mill.:

    • Phyllosticta solitaria Ell. and Ev.;

  • in the case of Prunus L.:

    • Apricot chlorotic leafroll mycoplasm, or

    • Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.,

  • in the case of Prunus persica (L.) Batsch:

    • Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.,

  • in the case of Pyrus L.:

    • Phyllosticta solitaria Ell. and Ev.,

  • in the case of Rubus L.:

    • Arabis mosaic virus,

    • Raspberry ringspot virus,

    • Strawberry latent ringspot virus,

    • Tomato black ring virus, or

  • in the case of all species:

    • non-European viruses or virus-like organisms

The plants must be accompanied by:
(a)

an official statement that no symptoms of diseases caused by the relevant plant pests listed in column 2 of this item have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation,

(b)

in the case of plants of any genera listed in column 2 of this item originating in the European Union, an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from the relevant plant pests known to occur on the genera and listed in that column.

36.Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting, originating in any third country where Pear decline mycoplasm is known to occurThe plants must be accompanied by:
(a)

an official statement that plants at the place of production and in its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation, or

(b)

in the case of plants originating in the European Union, an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Pear decline mycoplasm

37.

Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where the following plant pests are known to occur:

  • Strawberry latent “C” virus,

  • Strawberry vein banding virus, or

  • Strawberry witches’ broom mycoplasm

The plants must be accompanied by an official statement:
(a)

that the plants, other than those raised from seed, have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected to official testing for at least the plant pests listed in column 2 of this item using appropriate indicators or equivalent methods and that material has been found free from those plant pests, or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests listed in column 2 of this item using appropriate indicators or equivalent methods and that material has been found free from those plant pests, and

(b)

that no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation

38.Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where Aphelenchoides besseyi Christie is known to occurThe plants must be accompanied by:
(a)

an official statement that no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation,

(b)

in the case of plants in tissue culture, an official statement that the plants have been derived from plants which complied with paragraph (a) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie, or

(c)

in the case of plants originating in the European Union, an official statement they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from from Aphelenchoides besseyi Christie

39.Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country, other than the European UnionThe plants must be accompanied by a phytosanitary certificate which includes an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Anthonomus signatus Say and Anthonomus bisignifer (Schenkling)
40.

Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where the following plant pests are known to occur on Malus Mill.:

  • Cherry rasp leaf virus (American),

  • Tomato ringspot virus

The plants must be accompanied by an official statement:
(a)

that they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least the plant pests listed in column 2 of this item using appropriate indicators or equivalent methods and that material has been found free from those plant pests, or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests listed in column 2 of this item using appropriate indicators or equivalent methods and that material has been found free from those plant pests, and

(b)

that no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation

41.Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where Apple proliferation mycoplasm is known to occurThe plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Apple proliferation mycoplasm, or

(b)

an official statement that the plants, other than plants raised from seeds:

(i)

have been officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and that material has been found free from that plant pest, or

(ii)

have been derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected, at least once within the last six complete cycles of vegetation, to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and that material has been found free in those tests from that plant pest, and

(iii)

in either case, no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

42.

Plants, other than seeds, of the following species of Prunus L., intended for planting, originating in any third country where Plum pox virus is known to occur:

  • Prunus amygdalus Batsch,

  • Prunus armeniaca L.,

  • Prunus blireiana Andre,

  • Prunus brigantina Vill.,

  • Prunus cerasifera Ehrh.,

  • Prunus cistena Hansen,

  • Prunus curdica Fenzl and Fritsch.,

  • Prunus domestica spp. domestica L.,

  • Prunus domestica spp. insititia (L.) C.K. Schneid.,

  • Prunus domestica spp. italica (Borkh.) Hegi.,

  • Prunus glandulosa Thunb.,

  • Prunus holosericea Batal.,

  • Prunus hortulana Bailey,

  • Prunus japonica Thunb.,

  • Prunus mandshurica (Maxim.) Koehne,

  • Prunus maritima Marsh.,

  • Prunus mume Sieb and Zucc.,

  • Prunus nigra Ait.,

  • Prunus persica (L.) Batsch,

  • Prunus salicina L.,

  • Prunus sibirica L.,

  • Prunus simonii Carr.,

  • Prunus spinosa L.,

  • Prunus tomentosa Thunb.,

  • Prunus triloba Lindl., or

  • other species of Prunus L. susceptible to Plum pox virus

The plants must be accompanied by:
(a)

an official statement:

(i)

that the plants, other than plants raised from seed:

(aa)

have been officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and that material has been found free from that plant pest, or

(bb)

have been derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and that material has been found free from that plant pest,

(ii)

that no symptoms of the diseases caused by Plum pox virus have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation, and

(iii)

that plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out, or

(b)

in the case of plants originating in the European Union, an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Plum pox virus

43.

Plants of Prunus L., intended for planting:

  • originating in any third country where Tomato ringspot virus is known to occur on Prunus L.,

  • other than seeds, originating in any third country where the following plant pests are known to occur:

    • Cherry rasp leaf virus (American),

    • Peach mosaic virus (American),

    • Peach phony rickettsia,

    • Peach rosette mycoplasm,

    • Peach yellows mycoplasm,

    • Plum line pattern virus (American), or

    • Peach X-disease mycoplasm;

  • other than seeds, originating in any country outside Europe where Little cherry pathogen is known to occur

The plants must be accompanied by an official statement:
(a)

that they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected to official testing for at least the relevant plant pests listed in column 2 of this item using appropriate indicators or equivalent methods and that material has been found free from those plant pests, or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the relevant plant pests listed in column 2 of this item using appropriate indicators or equivalent methods and that material has been found free from those plant pests, and

(b)

that no symptoms of diseases caused by the relevant plant pests listed in column 2 of this item have been observed on the plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

44.Plants, other than seeds, of Prunus L., intended for planting, originating in any third countryThe plants must be accompanied by:
(a)

an official statement that they have been grown throughout their life in a place of production in a country where Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. is not known to occur,

(b)

an official statement that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.,

(a)

an official statement that they have been derived in direct line from mother plants which have shown no symptoms of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. during the last complete cycle of vegetation and no symptoms of that plant pest have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation, or

(b)

in the case of plants of Prunus laurocerasus L. or Prunus lusitanica L. for which there is evidence from their packing or from other means that they are intended for sale to final consumers not involved in professional plant production, an official statement that no symptoms of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. have been observed on plants at the place of production since the beginning of the last complete growing season.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
45.Plants, other than fruit or seeds, of Vitis L., originating in the European Union or SwitzerlandThe plants must be accompanied by an official statement that no symptoms of Grapevine flavescence dorée MLO or Xylophilus ampelinus (Panagopoulos) Willems et al. have been observed on the mother-stock plants at the place of production since the beginning of the last two complete cycles of vegetation
46.

Plants of Rubus L., intended for planting:

  • originating in any third country where the following plant pests are known to occur on Rubus L.:

    • Tomato ringspot virus,

    • Black raspberry latent virus,

    • Cherry leafroll virus,

    • Prunus necrotic ringspot virus,

  • other than seeds, originating in any third country where the following plant pests are known to occur:

    • Raspberry leaf curl virus (American), or

    • Cherry rasp leaf virus (American)

The plants must be accompanied by an official statement:
(a)

that they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected to official testing for at least the relevant plant pests listed in column 2 of this item using appropriate indicators or equivalent methods and that material has been found free from those plant pests, or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the relevant plant pests listed in column 2 of this item using appropriate indicators or equivalent methods and that material has been found free from those plant pests, and

(b)

that no symptoms of diseases caused by the relevant plant pests in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

47.Tubers of Solanum tuberosum L., intended for planting, originating in the European UnionThe tubers must be accompanied by an official statement:
(a)

that all of the relevant provisions in Directive 69/464/EEC to combat Synchytrium endobioticum (Schilbersky) Percival have been complied with,

(b)

that they originate in an area, which in accordance with the measures specified in ISPM No. 4, is known to be free from Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) Davis et al. or that all of the relevant provisions in Council Directive 93/85/EEC on the control of potato ring rot(123) to combat Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) Davis et al. have been complied with,

(c)

that they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al.:

(i)

is known not to occur, or

(ii)

is known to occur, and the tubers originate from a place of production established as free from Ralstonia solanacearum (Smith) Yabuuchi et al. or considered to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al., and

(d)

that:

(i)

they originate in an area in which Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen are known not to occur or an area in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur and:

(aa)

they originate from a place of production which has been established as free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or

(bb)

after harvest, they have been randomly sampled and checked for the presence of symptoms after an appropriate method to induce symptoms or laboratory tested, as well as inspected visually, both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing in accordance with the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes(124), and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen have been found

48.Tubers of Solanum tuberosum L., intended for planting originating in the European UnionThe tubers must be accompanied by an official statement that all of the provisions in Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC(125) to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
49.Tubers of Solanum tuberosum L., intended for planting, other than tubers of those varieties accepted on to the UK National Lists pursuant to the Seeds (National Lists of Varieties) Regulations 2001(126) or accepted in one or more member States pursuant to Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species(127), originating in the European UnionThe tubers must be accompanied by an official statement
(a)

that they belong to advanced selections, such a statement being indicated in an appropriate way on the document accompanying the tubers,

(b)

that they have been produced within the European Union, and

(c)

that they have been derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected within the European Union to official quarantine testing in accordance with appropriate methods and that material has been found free from plant pests

50.

Plants of stolon- or tuber-forming species of Solanum L., intended for planting, other than:

  • those tubers of Solanum tuberosum L. specified in column 2 of items 47 to 49,

  • culture maintenance material being stored in gene banks or genetic stock collections, or

  • seeds of Solanum tuberosum L. specified in column 2 of item 51, originating in the European Union

The plants must have been held under quarantine conditions and:
(a)

must have been found free of any plant pests in quarantine testing which:

(i)

was supervised by the responsible official body of the member State concerned and executed by scientifically trained staff of that body or any officially approved body,

(ii)

was executed at a site provided with appropriate facilities sufficient to contain plant pests and maintain the material including indicator plants in such a way as to eliminate any risk of plant pests spreading,

(iii)

was executed on each unit of the material:

(aa)

by visual examination at regular intervals during the full length of at least one vegetative cycle, having regard to the type of material and its stage of development during the testing programme, for symptoms caused by any plant pests, and

(bb)

by testing:

  • in the case of all potato material at least for:

    • Andean potato latent virus,

    • Arracacha virus B. oca strain,

    • Potato black ringspot virus,

    • Potato spindle tuber viroid,

    • Potato virus T,

    • Andean potato mottle virus,

    • common potato viruses A, M, S, V, X and Y (including Y°, Yn and Yc) and Potato leaf roll virus,

    • Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) Davis et al.,

    • Ralstonia solanacearum (Smith) Yabuuchi et al.,

  • in the case of true seed of potato at least for the viruses and viroid listed above, and

(iv)

included appropriate testing on any other symptom observed in the visual examination in order to identify the plant pests having caused such symptoms,

(b)

any material which has not been found free, under the testing referred to in paragraph (a) from plant pests specified in that paragraph was immediately destroyed or subjected to procedures which eliminate the plant pests, and

(c)

each organisation or research body holding this material must have informed their official member national plant protection organisation of the material held

51.Seeds of Solanum tuberosum L., originating in the European UnionThe seeds must be accompanied by an official statement:
(a)

that they derive from plants which comply with the requirements specified in column 3 of items 47 to 50, and

(b)

that they:

(i)

originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Synchytrium endobioticum (Schilbersky) Percival, Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Ralstonia solanancearum (Smith) Yabuuchi et al. and Potato spindle tuber viroid, or

(ii)

have been produced in a site in which no symptoms of the disease caused by those plant pests have been observed since the beginning of the last cycle of vegetation and where the following actions have been taken:

(aa)

the site has been separated from other solanaceous plants and other host plants of Potato spindle tuber viroid,

(bb)

staff and other items, such as tools, machinery, vehicles, vessels and packaging material, from other sites producing solanaceous plants and other host plants of Potato spindle tuber viroid have been prevented from coming into contact with the site or other appropriate hygiene measures have been taken to prevent infection by staff working, or items used, at other sites producing solanaceous plants and other host plants of Potato spindle tuber viroid,

(cc)

only water free from those plant pests has been used

52.Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 47 to 50, originating in the European UnionThere must 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 the following provisions are met:
(a)

the provisions in Council Directive 69/464/EEC of 8 December 1969 on control of Potato Wart Disease(128) to combat Synchytrium endobioticum (Schilbersky) Percival,

(b)

the provisions in Council Directive 93/85/EEC on the control of potato ring rot to combat Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) Davis et al, and

(c)

the provisions in Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens

53.Tubers of Solanum tuberosum L. originating in any third country where Synchytrium endobioticum (Schilbersky) Percival is known to occur, other than the European UnionThe tubers must be accompanied by an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed at the place of production or in its immediate vicinity since the beginning of an adequate period
54.Tubers of Solanum tuberosum L. originating in any third country, other than the European UnionThe tubers must be accompanied by an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) Davis et al.
55.Tubers of Solanum tuberosum L., other than early potatoes, originating in any third country, other than the European Union, where Potato spindle tuber viroid is known to occurThe faculty of germination in the tubers must have been suppressed
56.Tubers of Solanum tuberosum L., intended for planting, originating in any third country, other than the European UnionThe tubers must be accompanied by an official statement:
(a)

that they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens,

(b)

that:

(i)

they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al. is known not to occur, or

(ii)

where they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur, the tubers originate from a place of production which, in accordance with the measures specified in ISPM No. 10, has been established as free from Ralstonia solanacearum (Smith) Yabuuchi et al., and

(c)

that:

(i)

they originate in an area in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur, or

(ii)

where they originate in an area in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur:

(aa)

they originate from a place of production which has been established as free from chitwoodi Golden et al. (all populations) or Meloidogyne fallax based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or

(bb)

after harvest, they have been randomly sampled and, either checked for the presence of symptoms following an appropriate method to induce symptoms, or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing in accordance with the provisions on sealing in the relevant Seed Potatoes Regulations, and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax have been found

57.Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third country, other than the European UnionThe tubers must 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
58.Tubers of Solanum tuberosum L. originating in any third country, other than the European UnionThe tubers must be accompanied by:
(a)

an official statement that they originate in a country where Scrobipalpopsis solanivora Povolny is not known to occur, or

(b)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Scrobipalpopsis solanivora Povolny.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
59.Plants, other than seeds, of Solanaceae, intended for planting, other than those mentioned in column 2 of item 53, originating in the European UnionThe plants must be accompanied by:
(a)

an official statement that no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation, or

(b)

an official statement that they originate in an area known to be free from Potato stolbur mycoplasm

60.Plants, other than seeds, of Solanaceae, intended for planting, originating in any third country where Potato stolbur mycoplasm is known to occur, other than the European UnionThe plants must be accompanied by an official statement that no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation
61.Plants of Solanaceae, intended for planting, other than tubers of Solanum tuberosum L. or seeds of Solanum lycopersicum L., originating in any third country where Potato spindle tuber viroid is known to occurThe plants must be accompanied by an official statement that no symptoms of Potato spindle tuber viroid have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation
62.Plants, other than seeds, of Capsicum annuum L., Solanum lycopersicum L., Musa L., Nicotiana L. or Solanum melongena L., intended for planting, originating in any third country where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur, other than the the European UnionThe plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, has been established as free from Ralstonia solanacearum (Smith) Yabuuchi et al., or

(b)

an official statement that no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation

63.Plants, other than seeds, of Capsicum spp., Solanum lycopersicum L., Musa L., Nicotiana L. or Solanum melongena L., intended for planting, originating in the European UnionThe plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, has been established as free from Ralstonia solanacearum (Smith) Yabuuchi et al., or

(b)

an official statement that no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation

64.Plants with roots of Capsicum spp., Solanum lycopersicum L. or Solanum melongena L., intended for planting, originating in the European UnionThe plants must be accompanied by an official statement that the provisions in Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
65.Plants, other than fruits or seeds, of Solanum lycopersicum L. or Solanum melongena L., originating in any third country, other than the European UnionThe plants must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is established as free from Keiferia lycopersicella (Walsingham), or

(b)

an official statement they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Keiferia lycopersicella (Walsingham).

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
66.Fruits of Solanum lycopersicum L. or Solanum melongena L., originating in any third country, other than the European UnionThe fruits must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Keiferia lycopersicella (Walsingham),

(b)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Keiferia lycopersicella (Walsingham), or

(c)

an official statement that they originate in a place of production** established by the national plant protection organisation in accordance with ISPM No. 10 as free from Keiferia lycopersicella (Walsingham) on the basis of official inspections and surveys carried out during the last three months prior to export.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
** The name of the place of production(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
67.Plants, other than seeds, of Humulus lupulus L., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold or Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation
68.Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium l’Hérit. ex Ait., originating in any third countryThe plants must be accompanied by:
(a)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.),

(b)

an official statement that 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)

an official statement that the plants have undergone appropriate treatment to protect them from those plant pests.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
69.Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium l’Hérit. ex Ait., originating in any third country, other than the European UnionThe plants must be accompanied by:
(a)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Spodoptera eridania (Cramer), Spodoptera frugiperda Smith and Spodoptera litura (Fabricius),

(b)

an official statement that 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)

an official statement that the plants have undergone appropriate treatment to protect them from the plant pests mentioned in paragraphs (a) and (b).

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
70.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting, originating in any third countryThe plants must be accompanied by an official statement:
(a)

that they are no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering,

(b)

that the plants or cuttings:

(i)

have come from premises which have been officially inspected at least monthly during the three months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to have occurred during the three months prior to export, or

(ii)

have undergone appropriate treatment against Puccinia horiana Hennings, and

(c)

in the case of unrooted cuttings, that no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed

71.Plants, other than seeds, of Dendranthema (DC.) Des Moul. or Solanum lycopersicum L., intended for planting, originating in any third country, other than the European UnionThe plants must be accompanied by:
(a)

an official statement that they have been grown throughout their life in a country which, in accordance with the measures specified in ISPM No. 4, is established as free from Chrysanthemum stem necrosis virus,

(b)

an official statement that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Chrysanthemum stem necrosis virus, or

(c)

an official statement that they have been grown throughout their life in a place of production** established by the national plant protection organisation in accordance with ISPM No. 10 as free from Chrysanthemum stem necrosis virus and verified through official inspections and, where appropriate, testing.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”

** The name of the place of production(s) must be included in the phytosanitary certificate under the heading “Additional declaration”

72.Plants, other than seeds, of Dianthus L., intended for planting, originating in any third countryThe plants must be accompanied by an official statement:
(a)

that they have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas caryophylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.) Van Beyma on officially approved tests, carried out at least once during the two years prior to export, and

(b)

that no symptoms of these plant pests have been observed on the plants

73.Bulbs of Tulipa L. or Narcissus L. other than those for which there is evidence, by their packaging or by other means, that they are intended for sale to final consumers not involved in professional cut flower production, originating in any third countryThe bulbs must be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation
74.

Plants, other than seeds, of Pelargonium l’Hérit. ex Ait., intended for planting, originating in any third country where:

  • Tomato ringspot virus is known to occur, and

  • Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are not known to occur

The plants must be accompanied by:
(a)

an official statement that they are directly derived from a place of production known to be free from Tomato ringspot virus, or

(b)

an official statement that they are of no more than fourth generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing

75.

Plants, other than seeds, of Pelargonium l’Hérit. ex Ait., intended for planting, originating in any third country where:

  • Tomato ringspot virus is known to occur, and

  • Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are known to occur

The plants must be accompanied by:
(a)

an official statement that they are directly derived from a place of production known to be free from Tomato ringspot virus in the soil or plants, or

(b)

an official statement that they are of no more than second generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing

76.

Plants of herbaceous species, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes,

  • seeds, or

  • tubers,

intended for planting, originating in any third country where Liriomyza sativae (Blanchard) or Amauromyza maculosa (Malloch) are known to occur

The plants must be accompanied by:
(a)

an official statement that they have been grown in a nursery, and that they originate:

(i)

in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), or

(ii)

in a place of production** established by the national plant protection organisation in accordance with ISPM No. 10 as free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), on the basis of official inspections carried out at least monthly during the three months prior to export,

(b)

an official statement that immediately prior to export, they have been subjected to an appropriate treatment† against Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), or

(c)

an official statement that they 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) or Amauromyza maculosa (Malloch) and are exported in transparent containers under sterile conditions.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

** The name of the place of production(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

† Details of the treatment must be mentioned on the phytosanitary certificate

77.Cut flowers of Dendranthema (DC.) Des Moul., Dianthus L., Gypsophila L., Solidago L. or leafy vegetables of Apium graveolens L. or Ocimum L, originating in any third country, other than the European UnionThe cut flowers and leafy vegetables must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), or

(b)

an official statement that immediately prior to their export, they have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch)

78.

Plants of herbaceous species, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes,

  • seeds, or

  • tubers,

intended for planting, originating in any third country

The plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess),

(b)

an official statement that no signs of Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting,

(c)

an official statement that immediately prior to their export, they have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), or

(d)

an official statement that 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) or Liriomyza trifolii (Burgess) and are exported in transparent containers under sterile conditions

79.Plants with roots, planted or intended for planting, grown in the open air, originating in any third country, other than the European UnionThe plants must be accompanied by an official statement:
(a)

that the place of production has been established by the national plant protection organisation in accordance with ISPM No. 10 as free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., and Synchytrium endobioticum (Schilbersky) Percival, and

(b)

that the plants originate from a field known to be free from Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens

80.Plants with roots, planted or intended for planting, grown in the open air, originating in the European UnionThe plants must be accompanied by an official statement that the place of production has been established by the national plant protection organisation in accordance with ISPM No. 10 as free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival
81.Plants with roots grown in the open air of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L., intended for planting, originating in the European UnionThere must be evidence that the provisions in Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
82.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. or Tulipa L, originating in the European UnionThere must be evidence that the provisions in Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
83.

Soil or growing medium that:

  • is attached to, or accompanies, plants for the purposes of sustaining the vitality of those plants,

  • consists wholly or partly of soil or any solid organic substance such as parts of plants or humus (including peat or bark) or partly of any solid inorganic substance, and

  • originates in Belarus, Georgia, Moldova, Russia, Turkey, Ukraine or any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia

The soil or growing medium must be accompanied by an official statement:
(a)

that at the time of planting it was:

(i)

free from soil and organic matter;

(ii)

found to be free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that it was free from other plant pests, or

(iii)

subjected to appropriate heat treatment or fumigation to ensure freedom from plant pests, and

(b)

that since planting:

(i)

appropriate measures have been taken to ensure that the growing material has been maintained free from plant pests, or

(ii)

within two weeks prior to dispatch, the plants were shaken free from the material leaving the minimum amount necessary to sustain vitality during transport, and, if replanted, the growing material used for that purpose meets the requirements in paragraph (a)

84.Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country, other than the European UnionThe plants must be accompanied by an official statement that no symptoms of Beet curly top virus (non-European isolates) have been observed since the beginning of the last complete cycle of vegetation
85.Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country in which Beet leaf curl virus is known to occurThe plants must be accompanied by:
(a)

an official statement that Beet leaf curl virus has not been known to occur in the area of production and that no symptoms of Beet curly top virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation, or

(b)

in the case of plants originating in the European Union, an official statement that they originate in an area, which in accordance with the measures specified in ISPM No. 4, is established as free from beet leaf curl virus.

86.

Plants, other than:

  • bulbs,

  • corms,

  • rhizomes,

  • seeds, or

  • tubers,

intended for planting, originating in any third country, other than the European Union

The plants must be accompanied by:
(a)

an official statement that they have been grown in a nursery and that they originate in:

(i)

an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Thrips palmi Karny, or

(ii)

a place of production** established by the national plant protection organisation in accordance with ISPM No. 10 as free from Thrips palmi Karny, on the basis of official inspections carried out at least monthly during the three months prior to export,

(b)

an official statement that they have been grown in a nursery and that immediately prior to export, they have been subjected to an appropriate treatment† against Thrips palmi Karny and have been officially inspected and found free from Thrips palmi Karny, or

(c)

an official statement that they have been grown in a nursery, they originate from plant material (explant) which is free from Thrips palmi Karny, have been grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Thrips palmi Karny and are exported in transparent containers under sterile conditions.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

** The name of the place of production(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

† Details of the treatment must also be included on the phytosanitary certificate

87.Cut flowers of Orchidaceae or fruits of Momordica L. or Solanum melongena L., originating in any third country, other than the European UnionThe cut flowers and fruits must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Thrips palmi Karny, or

(b)

an official statement that immediately prior to their export, they have been officially inspected and found free from Thrips palmi Karny

88.Fruits of Capsicum L., originating in Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Puerto Rico, the USA or French Polynesia where Anthonomus eugenii Cano is known to occurThe fruits must be accompanied by:
(a)

an official statement that they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Anthonomus eugenii Cano, or

(b)

an official statement that they originate in a place of production** established by the national plant protection organisation in accordance with ISPM No. 10 as free from Anthonomus eugenii Cano, which was 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.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

** The name of the place of production(s) must be included in the phytosanitary certificate under the heading “Additional declaration”

89.Plants, other than seeds, of Palmae, intended for planting, originating in any country outside EuropeThe plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Palm lethal yellowing mycoplasm and Cadang-Cadang viroid, and no symptoms have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation,

(b)

an official statement that no symptoms of Palm lethal yellowing mycoplasm or Cadang-Cadang viroid have been observed on the plants since the beginning of the last complete cycle of vegetation, and plants at the place of production which have shown symptoms giving rise to the suspicion of contamination by the diseases have been rogued out at that place and the plants have undergone appropriate treatment to rid them of Myndus crudus Van Duzee, or

(c)

in the case of plants in tissue culture, an official statement that the plants were derived from plants which have met the requirements in paragraphs (a) or (b)

90.

Plants of Palmae, intended for planting, originating in any third country, which have a diameter of the stem at the base of over 5 cm and belong to the following genera:

  • Brahea Mart,

  • Butia Becc.,

  • Chamaerops L.,

  • Jubaea Kunth,

  • Livistona R. Br.,

  • Phoenix L.,

  • Sabal Adans.,

  • Syagrus Mart.,

  • Trachycarpus H. Wendl.,

  • Trithrinax Mart.,

  • Washingtonia Raf.

The plants must be accompanied by:
(a)

an official statement that they have been grown throughout their life in a place of production in a country where Paysandisia archon (Burmeister) is not known to occur,

(b)

an official statement that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Paysandisia archon (Burmeister), or

(c)

an official statement that they have, during a period of at least two years prior to export, been grown in a place of production:

(i)

which is registered and supervised by the national plant protection organisation in the country of origin,

(ii)

where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister), and

(iii)

where, during three official inspections per year carried out at appropriate times, including immediately prior to export, no signs of Paysandisia archon (Burmeister) have been observed.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
91.Plants of Palmae, intended for planting, originating in any third country, having a diameter of the stem at the base of over 5 cm and belonging to the following taxa: Areca catechu L., Arenga pinnata (Wurmb) Merr., Bismarckia Hildebr. & H. Wendl., Borassus flabellifer L., Brahea armata S. Watson, Brahea edulis H. Wendl., Butia capitata (Mart.) Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. ex Mart., Chamaerops humilis L., Cocos nucifera L., Copernicia Mart., Corypha utan Lam., Elaeis guineenis Jacq., Howea forsteriana Becc., Jubea chilensis (Molina) Baill., Livistona australis C. Martius, Livistona decora (W. Bull) Dowe, Livistona rotundifolia (Lam.) Mart., Metroxylon sagu Rottb., Phoenix canariensis Chabaud, Phoenix dactylifera L., Phoenix reclinata Jacq., Phoenix roebelenii O’Brien, Phoenix sylvestris (L.) Roxb., Phoenix theophrasti Greuter, Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonea regia (Kunth) O.F. Cook, Sabal palmetto (Walter) Lodd. ex Schult. & Schult.f., Syagrus roman-zoffiana (Cham.) Glassman, Trachycarpus fortunei (Hook.) H. Wendl. or Washingtonia Raf.The plants must be accompanied by:
(a)

an official statement they have been grown throughout their life in a place of production in a country where Rhynchophorus ferrugineus (Olivier) is known not to occur,

(b)

an official statement that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Rhynchophorus ferrugineus (Olivier), or

(c)

an official statement that they have, during a period of at least two years prior to export, been grown in a place of production:

(i)

which is registered and supervised by the national plant protection organisation in the country of origin,

(ii)

where the plants were placed in a site with complete physical protection against the introduction of Rhynchophorus ferrugineus (Olivier), and

(iii)

where, during three official inspections per year carried out at appropriate times, including immediately prior to movement from the place of production, no signs of Rhynchophorus ferrugineus (Olivier) have been observed.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
92.Unrooted cuttings of Euphorbia pulcherrima Willd., intended for planting, originating in any third countryThe plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Bemisia tabaci Genn. (European populations),

(b)

an official statement that no signs of Bemisia tabaci Genn. (European populations) have been observed on the cuttings, or on plants from which the cuttings were derived and held or produced, at the place of production on official inspections carried out at least once every three weeks during the whole production period of these plants, or

(c)

in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, an official statement that the cuttings and the plants from which the cuttings were derived and held and produced at the place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production has been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in official inspections carried out weekly during the three weeks prior to the movement from this place of production, the last of which was carried out immediately prior to movement, and in monitoring procedures throughout the period

93.

Plants of Euphorbia pulcherrima Willd., intended for planting, originating in any third country other than:

  • seeds,

  • those for which there is evidence from their packing or their flower (or bract) development or from other means that they are intended for sale to final customers not involved in professional plant production, or

  • those specified in item 92

The plants must be accompanied by an official statement:
(a)

that:

(i)

they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Bemisia tabaci Genn. (European populations),

(ii)

no signs of Bemisia tabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once every three weeks during the nine weeks prior to export, or

(iii)

in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants held or produced at the place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production has been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in official inspections carried out weekly during the three weeks prior to the movement from this place of production, the last of which was carried out immediately prior to movement, and

(b)

that evidence is available that they have been produced from cuttings which:

(i)

originate in an area which, in accordance with the measures specified in ISPM No. 4, is established as free from Bemisia tabaci Genn. (European populations),

(ii)

have been grown at a place of production where no signs of Bemisia tabaci Genn. (European populations) have been observed on official inspections carried out at least once each three weeks during the whole production period of these plants, or

(iii)

in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, have been grown on plants held or produced at the place of production having undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production has been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in official inspections carried out weekly during the three weeks prior to the movement from this place of production, the last of which was carried out immediately prior to movement, and in monitoring procedures throughout the period

94.Plants, other than seeds, tubers or corms, of Begonia L., intended for planting, originating in any third country; or plants, other than seeds, of Dipladenia A.DC., Ficus L., Hibiscus L., Mandevilla Lindl. or Nerium oleander L., intended for planting, originating in any third countryThe plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is established as free from Bemisia tabaci Genn. (European populations),

(b)

an official statement that no signs of Bemisia tabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing,

(c)

where Bemisia tabaci Genn. (European populations) has been found at the place of production, an official statement that the plants, held or produced at the place of production, have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently the place of production has been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in official inspections carried out weekly during the three weeks prior to the movement from the place of production, and in monitoring procedures throughout the said period, or

(d)

in the case of plants for which there is evidence from their packing or their flower development or from other means that they are intended for direct sale to final consumers not involved in professional plant production, an official statement that they have been officially inspected and found free from Bemisia tabaci Genn. (European populations) immediately prior to their movement

95.Plants, other than seeds, of Fuchsia L., intended for planting, originating in the USA or BrazilThe plants must be accompanied by an official statement that no symptoms of Aculops fuchsiae Keifer have been observed at the place of production and that immediately prior to export the plants have been inspected and found free from Aculops fuchsiae Keifer
96.Trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean areaThe trees or shrubs must be accompanied by an official statement:
(a)

that they have been grown in a nursery;

(b)

that they are free from plant debris, flowers and fruits, and

(c)

that they have been inspected at appropriate times and prior to export and:

(i)

have been found free from symptoms of harmful bacteria, viruses and virus-like organisms, and

(ii)

have been found free from signs or symptoms of harmful nematodes, insects, mites and fungi or have been subjected to appropriate treatment to eliminate such organisms

97.Deciduous trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean areaThe trees and shrubs must be accompanied by an official statement that they are dormant and free from leaves
98.Annual or biennial plants, other than plants of Gramineae or seeds, intended for planting, originating in any third country other than a country in the Euro-Mediterranean areaThe plants must be accompanied by an official statement:
(a)

that they have been grown in a nursery,

(b)

that they are free from plant debris, flowers and fruits,

(c)

that they have been inspected at appropriate times and prior to export and:

(i)

have been found free from symptoms of harmful bacteria, viruses and virus-like organisms, and

(ii)

have been found free from signs or symptoms of harmful nematodes, insects, mites and fungi or have been subjected to appropriate treatment to eliminate such organisms

99.Plants, other than seeds, of the family Gramineae, of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae or of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex. Honda, Hystrix, Molinia, Phalaris L. Shibataea, Spartina Schreb., Stipa L. or Uniola L., intended for planting, originating in any third country other than a country in the Euro-Mediterranean areaThe plants must be accompanied by an official statement:
(a)

that they have been grown in a nursery,

(b)

that they are free from plant debris, flowers and fruits,

(c)

that they have been inspected at appropriate times and prior to export and:

(i)

have been found free from symptoms of harmful bacteria, viruses and virus-like organisms, and

(ii)

have been found free from signs or symptoms of harmful nematodes, insects, mites and fungi or have been subjected to appropriate treatment to eliminate such organisms.

100.Naturally or artificially dwarfed plants, other than seeds, intended for planting, originating in any third country outside EuropeThe plants must be accompanied by an official statement:
(a)

that the plants, including those collected directly from natural habitats, have been grown, held and trained for at least two consecutive years prior to dispatch in an officially registered nursery which is subject to an officially supervised control regime,

(b)

that the plants have at least during that period:

(i)

been potted in pots which have been placed on shelves at least 50 cm above ground,

(ii)

been subjected to appropriate treatments* to ensure freedom from non-European rusts,

(iii)

been officially inspected at least six times a year at appropriate intervals for the presence of plant pests listed in Schedules 1 and 2, along with the plants in the immediate vicinity of the nursery, by visual examination of each row in the field or nursery and all parts of the plant above the growing medium, using a random sample of at least 300 plants from a given genus where the number of plants of that genus is not more than 3,000 plants, or 10% of the plants if there are more than 3,000 plants from that genus,

(iv)

been found free, in the inspections referred to in sub-paragraph (iii), from the relevant plant pests or where infested, have been removed, and the remaining plants have been effectively treated and held for an appropriate period and inspected to ensure freedom from such plant pests,

(v)

been planted in an unused artificial growing medium or in a natural growing medium which has been treated by fumigation or by appropriate heat treatment and examined afterwards and found free of any plant pests, and

(c)

that the plants have been kept under conditions which ensure that the growing medium has been maintained free from plant pests and within two weeks prior to dispatch, have been:

(i)

shaken and washed with clean water to remove the original growing medium and kept bare rooted,

(ii)

shaken and washed with clean water to remove the original growing medium and replanted in growing medium which meets the conditions in sub-paragraph (v), or

(iii)

subjected to appropriate treatments* to ensure that the growing medium is free from plant pests, and

(d)

that the plants have been packed in closed containers which have been officially sealed and bear the registration number** of the registered nursery.

* The active ingredient, concentration and date of application of these treatments must be mentioned on the phytosanitary certificate under the heading “disinfestation and/or disinfection treatment”.

** The registration number must be indicated on the phytosanitary certificate under the heading “Additional declaration”

101.Herbaceous perennial plants, other than seeds, intended for planting, of the families Caryophyllaceae (except Dianthus L.), Compositae (except Dendranthema (DC.) Des Moul.), Cruciferae, Leguminosae or Rosaceae (except Fragaria L.), originating in any third country other than a country in the Euro-Mediterranean areaThe plants must be accompanied by an official statement:
(a)

that they have been grown in a nursery,

(b)

that they are free from plant debris, flowers and fruits, and

(c)

that they have been inspected at appropriate times and prior to export and

(i)

have been found free from symptoms of harmful bacteria, viruses and virus-like organisms, and:

(ii)

have been found free from signs or symptoms of harmful nematodes, insects, mites and fungi or have been subjected to appropriate treatment to eliminate such organisms

102.Plants, other than bulbs, corms, rhizomes, seeds or tubers, of herbaceous species or plants of Ficus L. or Hibiscus L., intended for planting, originating in any country outside EuropeThe plants must be accompanied by:
(a)

an official statement they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Bemisia tabaci Genn.,

(b)

an official statement that they originate in a place of production** established by the national plant protection organisation in accordance with ISPM No. 10 as free from Bemisia tabaci Genn. on the basis of official inspections carried out at least once every three weeks during the nine weeks prior to export,

(c)

in cases where Bemisia tabaci Genn. has been found at the place of production, an official statement they are held or produced in this place of production and have undergone an appropriate treatment† to ensure freedom from Bemisia tabaci Genn. and subsequently this place of production has been found free from Bemisia tabaci Genn. as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. in official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout the period, or

(d)

an official statement that they originate from plant material (explant) which is free from Bemisia tabaci Genn., are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. and are exported in transparent containers under sterile conditions.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

** The name of the place of production(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

† Details of the treatment must also be included in the phytosanitary certificate

103.Cut flowers of Aster spp., Eryngium L., Gypsophila L., Hypericum L., Lisianthus L., Rosa L., Solidago L. or Trachelium L. or leafy vegetables of Ocimum L., originating in any country outside EuropeThe cut flowers and leafy vegetables must be accompanied by:
(a)

an official statement that they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Bemisia tabaci Genn., or

(b)

an official statement that immediately prior to their export, they have been officially inspected and found free from Bemisia tabaci Genn.

104.Plants, other than seeds, of Solanum lycopersicum L., intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and Bemisia tabaci Genn. is not known to occurThe plants must be accompanied by an official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants
105.Plants, other than seeds, of Solanum lycopersicum L., intended for planting, originating in any third country where Tomato yellow leaf curl virus and Bemisia tabaci Genn. are known to occurThe plants must be accompanied by:
(a)

an official statement:

(i)

that no symptoms of Tomato yellow leaf curl virus have been observed on the plants; and

(ii)

that:

(aa)

the plants originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Bemisia tabaci Genn., or

(bb)

the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export, or

(b)

an official statement that no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn., or

(c)

in the case of plants originating in the European Union, an official statement that the plants originate in an area known to be free from Tomato yellow leaf curl virus

106.

Plants, other than seeds, bulbs, tubers, corms or rhizomes, intended for planting, originating in any third country where the following plants pests are known to occur:

  • Bean golden mosaic virus,

  • Cowpea mild mottle virus,

  • Lettuce infectious yellow virus,

  • Pepper mild tigré virus,

  • Squash leaf curl virus, or

  • other viruses transmitted by Bemisia tabaci Genn., and where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are not known to occur

The plants must be accompanied by an official statement that no symptoms of the relevant plant pests listed in column 2 of this item have been observed on the plants during their complete cycle of vegetation
107.

Plants, other than seeds, bulbs, tubers, corms or rhizomes, intended for planting, originating in any third country where the following plants pests are known to occur:

  • Bean golden mosaic virus,

  • Cowpea mild mottle virus,

  • Lettuce infectious yellow virus,

  • Pepper mild tigré virus,

  • Squash leaf curl virus, or

  • other viruses transmitted by Bemisia tabaci Genn. and where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are known to occur

The plants must be accompanied by:
(a)

an official statement that no symptoms of the relevant plant pests listed in column 2 of this item have been observed on the plants during an adequate period, and

(b)

an official statement:

(i)

that the plants originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Bemisia tabaci Genn. and other vectors of the plant pests,

(ii)

that the place of production has been found free from Bemisia tabaci Genn. and other vectors of the plant pests on official inspections carried out at appropriate times,

(iii)

that the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn., or

(iv)

that 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 exported in transparent containers under sterile conditions

108.Seeds of Helianthus annuus L., originating in any third countryThe seeds must be accompanied by an official statement that:
(a)

the seeds originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni, or

(b)

the seeds, other than those that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni

109.Seeds of Solanum lycopersicum L., originating in any third country, other than the European UnionThe seeds must be accompanied by an official statement:
(a)

that they have been obtained by means of an appropriate acid extraction method, and

(b)

that:

(i)

they originate in an area where Clavibacter michiganensis ssp. michiganesnsis (Smith) Davis et al., Xanthomonas campestris pv. vesicatoria (Doidge) Dye or Potato spindle tuber viroid are not known to occur,

(ii)

no symptoms of the diseases caused by the plant pests mentioned in sub-paragraph (i) have been observed on the plants at the place of production during their complete cycle of vegetation, or

(iii)

the seeds have been subjected to official testing for at least the plant pests mentioned in sub-paragraph (i) on a representative sample and using appropriate methods, and have been found free from those plant pests

110.Seeds of Solanum lycopersicum L., originating in the European UnionThe seeds must be accompanied by an official statement:
(a)

that they have been obtained by means of an appropriate acid extraction method and

(b)

that:

(i)

they originate in an area where Clavibacter michiganensis ssp. michiganesnsis (Smith) Davis et al. or Xanthomonas campestris pv. vesicatoria (Doidge) Dye are not known to occur;

(ii)

no symptoms of the diseases caused by the plant pests mentioned in sub-paragraph (i) have been observed on the plants at the place of production during their complete cycle of vegetation, or

(iii)

the seeds have been subjected to official testing for at least those plant pests on a representative sample and using appropriate methods, and have been found free from the plant pests mentioned in sub-paragraph (i)

111.Seeds of Medicago sativa L., originating in any third countryThe seeds must be accompanied by:
(a)

an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample,

(b)

an official statement that fumigation has taken place prior to export, or

(c)

an official statement that the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample.

112.Seeds of Medicago sativa L., originating in any third country where Clavibacter michiganensis ssp. insidiosus Davis et al. is known to occurThe seeds must be accompanied by:
(a)

an official statement:

(i)

that Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur on the farm or in its immediate vicinity since the beginning of the last 10 years,

(ii)

that:

(aa)

the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis ssp. insidiosus Davis et al.,

(bb)

the crop has not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop, or

(cc)

the content of inert matter which has been determined in accordance with the rules applicable for the certification of seed marketed in the relevant territories, does not exceed 0.1% by weight,

(iii)

that no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation, and

(iv)

the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing, or

(b)

in the case of seeds originating in the European Union, an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Clavibacter michiganensis ssp. insidiosus Davis et al.

113.Seeds of Oryza sativa L., originating in any third country, other than the European UnionThe seeds must be accompanied by:
(a)

an official statement that they have been officially tested by appropriate nematological tests and have been found free from Aphelenchoides besseyi Christie, or

(b)

an official statement they have been subjected to an appropriate hot water treatment or other appropriate treatment against Aphelenchoides besseyi Christie

114.Seeds of Phaseolus L., originating in any third countryThe seeds must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye, or

(b)

an official statement that a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye

115.Seeds of Zea mays L., originating in any third country, other than the European UnionThe seeds must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Erwinia stewartii (Smith) Dye, or

(b)

an official statement that a representative sample of the seeds has been tested and found free from Erwinia stewartii (Smith) Dye

116.Seeds of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA where Tilletia indica Mitra is known to occur

The seeds must be accompanied by an official statement that they originate in an area* where Tilletia indica Mitra is known not to occur.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”

117.Grain of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA where Tilletia indica Mitra is known to occurThe grain must be accompanied by:
(a)

an official statement that it originates in an area* where Tilletia indica Mitra is known not to occur, or

(b)

an official statement that no symptoms of Tilletia indica Mitra have been observed on the plants at the place of production during their last complete cycle of vegetation and representative samples of the grain have been taken both at the time of harvest and before export and have been tested and found free from Tilletia indica Mitra.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

Where the phytosanitary certificate includes the official statement mentioned in paragraph (b), the statement “tested and found free from Tilletia indica Mitra” must be included under the heading “Additional declaration”

PART BRelevant material which may only moved within Scotland if specified requirements are met

(1)

Item

(2)

Description of relevant material

(3)

Requirements

1.Plants, other than seeds, of Amelanchier Med., Chaenonmeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for plantingThe plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Erwinia amylovora (Burr.) Winsl. et al., or

(b)

an official statement that the plants in the field of production or in its immediate vicinity which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al. have been rogued out

2.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingThe plants must be accompanied by an official statement:
(a)

that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from the following plant pests:

(i)

in the case of Fragaria L.:

Phytophthora fragariae Hickman var. fragariae,

  • Arabis mosaic virus,

  • Raspberry ringspot virus,

  • Strawberry crinkle virus,

  • Strawberry latent ringspot virus,

  • Strawberry mild yellow edge virus,

  • Tomato black ring virus,

(ii)

in the case of Rubus L.:

  • Arabis mosaic virus,

  • Raspberry ringspot virus,

  • Strawberry latent ringspot virus,

  • Tomato black ring virus, or

(b)

that no symptoms of diseases caused by the plant pests mentioned in paragraph (a) have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation

3.Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for plantingThe plants must be accompanied by:
(a)

an official statement that the plants originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Pear decline mycoplasm, or

(b)

an official statement that plants at the place of production or in its immediate vicinity which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation

4.Plants, other than seeds, of the following species of Prunus L., intended for planting:The plants must be accompanied by:
  • Prunus amygdalus Batsch,

  • Prunus armeniaca L.,

  • Prunus blireiana Andre,

(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Plum pox virus, or

  • Prunus brigantina Vill.,

  • Prunus cerasifera Ehrh.,

(b)

an official statement:

  • Prunus cistena Hansen,

  • Prunus curdica Fenzl and Fritsch.,

  • Prunus domestica spp. domestica L.,

  • Prunus domestica spp. insititia (L.) C.K. Schneid.,

  • Prunus domestica spp. italica (Borkh.) Hegi.,

  • Prunus glandulosa Thunb.

  • Prunus holosericea Batal.,

  • Prunus hortulana Bailey,

  • Prunus japonica Thunb.,

  • Prunus mandshurica (Maxim.) Koehne,

  • Prunus maritima Marsh.,

  • Prunus mume Sieb. and Zucc.,

  • Prunus nigra Ait.,

  • Prunus persica (L.) Batsch.,

  • Prunus salicina L.,

  • Prunus sibirica L.,

  • Prunus simonii Carr.,

  • Prunus spinosa L.,

  • Prunus tomentosa Thunb.,

  • Prunus triloba Lindl., or

  • other species of Prunus L. susceptible to Plum pox virus

(i)

that the plants, other than plants raised from seed, have been:

(aa)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and that material has been subjected to official testing for, at least, Plum pox virus using appropriate indicators or equivalent methods and that material has been found free from that plant pest, or

(bb)

derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest,

(ii)

that no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation, and

(iii)

that plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out

5.Tubers of Solanum tuberosum L., intended for planting, originating in the United Kingdom.The tubers must be accompanied by an official statement:
(a)

that the provisions in the relevant Potato Wart Disease Schedule to combat Synchytrium endobioticum (Schilbersky) Percival have been complied with,

(b)

that they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al.:

(i)

is known not to occur, or

(ii)

is known to occur, and the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al. or considered to be free of Ralstonia solanacearum (Smith) Yabuuchi et al. as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al., and

(c)

that they originate in an area in which Meloidogyne fallax Karssen is known not to occur, or where they originate in an area in which Meloidogyne fallax Karssen is known to occur

(i)

that they originate from a place of production which has been found free from Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or

(ii)

that after harvest the tubers have been randomly sampled and checked for the presence of symptoms after an appropriate method to induce symptoms or laboratory tested, as well as inspected visually, both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing in accordance with the provisions on sealing in the relevant Seed Potatoes Regulations, and no symptoms of Meloidogyne fallax Karssen have been found.

6.Tubers of Solanum tuberosum L., intended for planting, originating in the United Kingdom, other than those which are authorised to be planted—The tubers must be accompanied by an official statement that the provisions in the relevant PCN Schedule to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
(a)

in the case of relevant material originating in Scotland, for the purposes of this item by the Scottish Ministers; or

(b)

in the case of relevant material originating in England, Wales or Northern Ireland, for the purposes of item 6 of Part B of schedule 4 of the Plant Health Regulations by the appropriate UK plant health authority

7.Tubers of Solanum tuberosum L., intended for planting, originating in a CD territoryThe tubers must be accompanied by an official statement that they originate in an area in which Synchytrium endobioticum (Schilbersky) Percival, Ralstonia solanacearum (Smith) Yabuuchi et al., Meloidogyne fallax Karssen, Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are known not to occur
8.Tubers of Solanum tuberosum L., intended for planting, other than tubers of those varieties accepted on to the UK National Lists pursuant to the Seeds (National Lists of Varieties) Regulations 2001 or accepted in one or more member States pursuant to Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species(129)The tubers must be accompanied by an official statement:
(a)

that they belong to advanced selections, such a statement being indicated in an appropriate way on the document accompanying the tubers,

(b)

that they have been produced within the United Kingdom or a CD territory, and

(c)

that they have been derived in direct line from material which has been maintained under appropriate conditions and has been subjected within the United Kingdom or the CD territory to official quarantine testing in accordance with appropriate methods and has been found free from plant pests

9.

Plants of stolon- or tuber-forming species of Solanum L., intended for planting, other than:

  • those tubers of Solanum tuberosum L. specified in column 2 of items 5 to 8 or item 11, or

  • seeds of Solanum tuberosum L. specified in column 2 of item 10

The plants must have been held under quarantine conditions and:
(a)

must have been found free of any plant pests in quarantine testing which:

(i)

was supervised by the appropriate UK plant health authority and executed by scientifically trained staff of that organisation or any officially approved body,

(ii)

was executed at a site provided with appropriate facilities sufficient to contain plant pests and maintain the material including indicator plants in such a way as to eliminate any risk of plant pests spreading,

(iii)

was executed on each unit of the material:

(aa)

by visual examination at regular intervals during the full length of at least one vegetative cycle, having regard to the type of material and its stage of development during the testing programme, for symptoms caused by any plant pests, and

(bb)

by testing:

  • in the case of all potato material at least for:

    • Andean potato latent virus,

    • Arracacha virus B. oca strain,

    • Potato black ringspot virus,

    • Potato spindle tuber viroid,

    • Potato virus T,

    • Andean potato mottle virus,

    • common potato viruses A, M, S, V, X and Y (including Yo, Yn and Yc) and Potato leaf roll virus,

    • Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) Davis et al.

    • Ralstonia solanacearum (Smith) Yabuuchi et al.,

in the case of true seed of potato at least for the viruses and viroid listed above, and
(iv)

included appropriate testing on any other symptom observed in the visual examination in order to identify the plant pests having caused such symptoms,

(b)

any material which was not found free, under the testing referred to in paragraph (a), from plant pests specified in that paragraph must have been immediately destroyed or subjected to procedures which eliminate the plant pests, and

(c)

each organisation or research body holding this material must inform the appropriate UK plant health authority of the material held

10.Seeds of Solanum tuberosum L. other than those specified in column 2 of item 11The seeds must be accompanied by an official statement:
(a)

that they derive from plants which comply with the relevant requirements specified in column 3 of items 5 to 9, and

(b)

that they:

(i)

originate in an area known to be free from Synchytrium endobioticum (Schilbersky) Percival, Ralstonia solanancearum (Smith) Yabuuchi et al. and Potato spindle tuber viroid, or

(ii)

have been produced in a site in which no symptoms of the disease caused by those plant pests have been observed since the beginning of the last cycle of vegetation and where the following actions have been taken:

(aa)

the site has been separated from other solanaceous plants and other host plants of Potato spindle tuber viroid,

(bb)

staff and other items, such as tools, machinery, vehicles, vessels and packaging material, from other sites producing solanaceous plants and other host plants of Potato spindle tuber viroid have been prevented from coming into contact with the site or other appropriate hygiene measures have been taken to prevent infection by staff working, or items used, at other sites producing solanaceous plants and other host plants of Potato spindle tuber viroid,

(cc)

only water free from those plant pests has been used

11.Plants of stolon- or tuber-forming species of Solanum L., intended for planting, being stored in gene banks or genetic stock collectionsEach organisation or research body holding such material must inform the appropriate UK plant health authority of the material held
12.Tubers of Solanum tuberosum L., originating in the United Kingdom, other than those mentioned in column 2 of items 5 to 9 or item 11

There must 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 the following provisions are complied with:

  • the provisions in the relevant Potato Wart Disease Schedule to combat Synchytrium endobioticum (Schilbersky) Percival, and

  • the provisions in the relevant PCN Schedule to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens

13.Tubers of Solanum tuberosum L., originating in a CD territory, other than those mentioned in column 2 of items 7 to 9 or item 11There must 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, Synchytrium endobioticum (Schilbersky) Percival, Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens
14.Plants with roots of Capsicum spp., Solanum lycopersicum L. or Solanum melongena L., intended for planting, originating in the United Kingdom, other than those which are authorised to be planted—The plants must be accompanied by an official statement that the provisions in the relevant PCN Schedule to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
(a)

in the case of relevant material originating in Scotland, for the purposes of this item by the Scottish Ministers; or

(b)

in the case of relevant material originating in England, Wales or Northern Ireland for the purpose of item 12 of Part B of schedule 4 of the Plant Health Regulations by the appropriate UK plant health authority

15.Plants with roots of Capsicum spp., Solanum lycopersicum L., or Solanum melongena L., intended for planting, originating in a CD territoryThe plants must be accompanied by an official statement that the plants originate in an area in which Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are known not to occur
16.Plants, with roots, of Capsicum annuum L., Solanum lycopersicum L., Musa L. or Solanum melongena L., intended for plantingThe plants must be accompanied by:
(a)

an official statement that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from from Ralstonia solanacearum (Smith) Yabuuchi et al., or

(b)

an official statement that no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation

17.Plants, other than seeds, of Humulus lupulus L., intended for plantingThe plants must be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold or Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation
18.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for plantingThe plants must be accompanied by an official statement:
(a)

that they are of no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering,

(b)

that the plants or cuttings:

(i)

have come from premises which have been officially inspected at least monthly during the three months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to have occurred during the three months prior to marketing, or

(ii)

have undergone appropriate treatment against Puccinia horiana Hennings, and

(c)

that in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed on the cuttings or the plants from which the cuttings were derived or, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed

19.Plants, other than seeds, of Dianthus L., intended for plantingThe plants must be accompanied by an official statement:
(a)

that they have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey and Phialophora cinerescens (Wollenw.) Van Beyma on officially approved tests, carried out at least once within the two previous years, and

(b)

that no symptoms of the plant pests mentioned in paragraph (a) have been observed on the plants

20.Bulbs of Tulipa L. or Narcissus L. other than those for which there is evidence from their packaging or other means, that they are intended for sale to final consumers not involved in professional cut flower productionThe bulbs must be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation
21.Plants with roots, planted or intended for planting, grown in the open airThere must be evidence that the place of production is known to be free from Synchytrium endobioticum (Schilbersky) Percival
22.Plants with roots grown in the open air of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L., intended for planting, originating in the United Kingdom, other than those which are authorised to be planted—There must be evidence that the provisions in the relevant PCN Schedule to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
(a)

in the case of relevant material originating in Scotland, for the purposes of this item by the Scottish Ministers; or

(b)

in the case of material originating in England, Wales or Northern Ireland for the purposes of item 19 of Part B of schedule 4 of the Plant Health Regulations by the appropriate UK plant health authority

23.Plants with roots grown in the open air of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L., intended for planting, originating in a CD territoryThe plants must be accompanied by an official statement that the plants originate in an area in which Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are known not to occur
24.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. or Tulipa L, originating in the United Kingdom, other than those which are authorised to be planted—There must be evidence that the provisions in the relevant PCN Schedule to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
(a)

in the case of relevant material originating in Scotland, for the purposes of this item by the Scottish Ministers; or

(b)

in the case of material originating in England, Wales or Northern Ireland for the purposes of item 20 of Part B of schedule 4 of the Plant Health Regulations by the appropriate UK plant health authority

25.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. or Tulipa L., originating in a CD territoryThe plants must be accompanied by an official statement that the plants originate in an area in which Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are known not to occur
26.Seeds of Medicago sativa L.The seeds must be accompanied by:
(a)

an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample,

(b)

an official statement that fumigation has taken place prior to marketing, or

(c)

an official statement that the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample

27.Seeds of Medicago sativa L.The seeds must be accompanied by an official statement:
(a)

that they originate in an area which, in accordance with the measures specified in ISPM No. 4, is known to be free from Clavibacter michiganensis ssp. insidiosus Davis et al.,

(b)

that Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur on the farm or in its immediate vicinity since the beginning of the last 10 years and that:

(i)

the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis ssp. insidiosus Davis et al.,

(ii)

the crop had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there has not been more than one preceding seed harvest from the crop, or

(iii)

the content of inert matter, which has been determined in accordance with the the relevant Seed Marketing Regulations, does not exceed 0.1% by weight,

(c)

that no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation, and

(d)

that the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing

PART CRelevant material which may only be brought into or moved within a relevant UK pest free area if specified requirements are met

(1)

Item

(2)

Description of relevant material

(3)

Requirements

(4)

Description of UK pest free area

1.Plants, other than seeds, of Larix Mill., intended for plantingThe plants must be accompanied by an official statement that the plants have been produced in a nursery and that their place of production has been established in accordance with ISPM No. 10 as a place of production that is free from Cephalcia lariciphila (Klug.)Northern Ireland
2.Plants, other than seeds, of Picea A. Dietr., intended for plantingThe plants must be accompanied by an official statement that the plants have been produced in a nursery and that their place of production has been established in accordance with ISPM No. 10 as free from Gilpinia hercyniae (Hartig)Northern Ireland
3.Tubers of Solanum tuberosum L., intended for plantingThe tubers must be accompanied by:Northern Ireland
(a)

an official statement that the tubers were grown in an area where Beet necrotic yellow vein virus (in this item and items 4 to 10, “BNYVV”) is known not to occur,

(b)

an official statement that the tubers were grown on land, or in growing media consisting of soil that is known to be free from BNYVV, or officially tested by appropriate methods and found free from BNYVV, or

(c)

an official statement that they have been washed free from soil

4.Tubers of Solanum tuberosum L., other than those intended for plantingEither:Northern Ireland
(a)

the consignment or lot must not contain more than 1 % by weight of soil, or

(b)

the tubers must be intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV

5.Plants, other than plants intended for planting, of Allium porrum L., Apium L., Beta L., other than those mentioned in item 7 and those intended for animal fodder, Brassica napus L., Brassica rapa L. or Daucus L.Either:Northern Ireland
(a)

the consignment or lot must not contain more than 1 % by weight of soil, or

(b)

the plants must be intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV

6.Plants, other than seeds, of Beta vulgaris L., intended for plantingThe plants must be accompanied by:Northern Ireland
(a)

an official statement:

(i)

that the plants have been officially individually tested and found free from BNYVV,

(ii)

that they

(aa)

have been grown from seeds complying with the requirements in items 9 and 10, and

(bb)

grown in areas where BNYVV is known not to occur, or grown on land, or in growing media, officially tested by appropriate methods and found free from BNYVV and sampled, and the sample tested and found free from BNYVV, and

(b)

the organisation or research body holding the material must inform the relevant UK plant health authority of the material held

7.Plants of Beta vulgaris L., intended for industrial processingThe plants must be accompanied by:Northern Ireland
(a)

an official statement that the plants are transported in such a manner as to ensure that there is no risk of spreading BNYVV, and are intended to be delivered to a processing plant with officially approved waste disposal facilities, which ensures that there is no risk of spreading BNYVV, or

(b)

an official statement that the plants have been grown in an area where BNYVV is known not to occur

8.Soil from beet and unsterilised waste from beet (Beta vulgaris L.)The plants must be accompanied by:Northern Ireland
(a)

an official statement that soil or waste has been treated to eliminate contamination with BNYVV,

(b)

an official statement that the soil or waste is intended to be transported for disposal in an officially approved manner, or

(c)

an official statement that the soil or waste comes from Beta vulgaris plants grown in an area where BNYVV is known not to occur

9.Seeds and fodder beet seed of the species Beta vulgaris L.The seed must be accompanied by:Northern Ireland
(a)

an official statement that the seed of the categories ‘basic seed’ and ‘certified seed’ satisfies the conditions in paragraph 6(2) of Part 1 of Schedule 2 to the Seed Marketing Regulations (Northern Ireland) 2016,

(b)

in the case of ‘seed not finally certified’, an official statement that the seed:

(i)

satisfies the conditions in Part 3 of Schedule 4 to those Regulations, and

(ii)

is intended for processing that will satisfy the conditions in paragraph 6(2) of Part 1 of Schedule 2 to those Regulations and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of BNYVV, or

(c)

an official statement that the seed has been produced from a crop grown in an area where BNYVV is known not to occur

10.Vegetable seed of the species Beta vulgarisThe seed must be accompanied by:Northern Ireland
(a)

an official statement that the processed seed contains no more than 0.5 % by weight of inert matter which, in the case of pelleted seed, this standard must be met prior to pelleting,

(b)

in the case of non-processed seed, an official statement that the seed:

(i)

is officially packed in such a manner as to ensure that there is no risk of spread of BNYVV, and

(ii)

is intended for processing that will satisfy the conditions laid down in paragraph (a) and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of BNYVV, or

(c)

an official statement that the seed has been produced from a crop grown in an area where BNYVV is known not to occur

PART DRelevant material, originating in third countries, which is subject to emergency measures and may only be brought into Scotland if specified requirements are met

(1)

Item

(2)

Description of relevant material

(3)

Requirements

1.Cut flowers of Orchidaceae originating in ThailandThe cut flowers must be accompanied by:
(a)

an official statement that they have been produced at a place of production which has been found to be free from Thrips palmi Karny during official inspections carried out at least monthly during the three months prior to export, or

(b)

an official statement that they have been subjected to an appropriate fumigation treatment to ensure freedom from thysanophtera

2.Plants, other than fruit and seeds, of Acer macrophyllum Pursh, Acer pseudoplatanus L., Adiantum aleuticum (Rupr.) Paris, Adiantum jordanii C. Muell., Aesculus californica (Spach) Nutt., Aesculus hippocastanum L., Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (L.) Hull, Camellia spp. L., Castanea sativa Mill., Fagus sylvatica L., Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper, Fraxinus excelsior L., Griselinia littoralis (Raoul), Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer, Kalmia latifolia L., Laurus nobilis L., Leucothoe spp. D. Don, Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera hispidula (Lindl.) Dougl. ex Torr. & Gray, Magnolia spp. L., Michelia doltsopa Buch.-Ham. ex DC, Nothofagus obliqua (Mirbel) Blume, Osmanthus heterophyllus (G. Don) P. S. Green, Parrotia persica (DC) C.A. Meyer, Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii (Mirbel) Franco, Quercus spp. L., Rhododendron spp. L., other than Rhododendron simsii Planch., Rosa gymnocarpa Nutt., Salix caprea L., Sequoia sempervirens (Lamb. ex D. Don) Endl., Syringa vulgaris L., Taxus spp. L., Trientalis latifolia (Hook), Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum Pursh or Viburnum spp. L., originating in the USAThe plants must be accompanied by:
(a)

an official statement:

(i)

that the plants originate in an area* in which non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. are known not to occur, and

(ii)

that prior to export, they were inspected and found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov., or

(b)

an official statement:

(i)

that no signs of non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. have been observed on any plants listed in column 2 at the place of production during official inspections, which included laboratory testing of any suspicious symptoms carried out since the beginning of the last complete cycle of vegetation, and

(ii)

that prior to export, they were inspected and found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
3.Plants, other than seeds, of Viburnum spp. L., Camellia spp. or Rhododendron spp. L., other than Rhododendron simsii Planch, intended for planting, originating in the European UnionThe plants must be accompanied by:
(a)

an official statement that the plants originate in an area* in which Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. is known not to occur,

(b)

an official statement that since the beginning of the last complete cycle of vegetation no signs of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. have been observed on the plants at the place of production during official inspections, which included laboratory testing of any suspicious symptoms, carried out at least twice during the growing season at appropriate times when the plants were in active growth and with an intensity which took account the particular production system of the plants, or

(c)

where signs of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. have been found on the plants at the place of production, an official statement that appropriate procedures have been implemented for the purpose of eradicating that plant pest, consisting of at least the following:

(i)

destruction of the infected plants and all plants listed in column 2 of this item within a 2 metre radius of the infected plants, including associated growing media and plant debris,

(ii)

in the case of plants listed in column 2 of this item within a 10 metre radius of the infected plants and any remaining plants from the infected lot:

(aa)

their retention at the place of production,

(bb)

official additional inspections carried out at least twice in the three months after the eradication measures have been taken when the plants were in active growth,

(cc)

no treatments to suppress symptoms of the plant pest have been carried out in that three month period, and

(dd)

the plants have been found free from the plant pest in these official inspections,

(iii)

in the case of all other susceptible plants at the place of production, the plants have been subject to official intensive re-inspection following the finding and have been found free from the plant pest in these inspections,

(iv)

appropriate phytosanitary measures have been taken on the growing surface within a 2 m radius of infected plants.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
4.Seeds of Solanum lycopersicum L. Karsten ex Farw., originating in any third countryThe seeds must be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method and:
(a)

that they originate in an area in which Pepino mosaic virus is known not to occur,

(b)

that no symptoms of Pepino mosaic virus have been observed on the plants at the place of production during their complete cycle of vegetation, or

(c)

that they have undergone official testing for Pepino mosaic virus on a representative sample and using appropriate methods, and have been found to be free from Pepino mosaic virus in those tests

5.Plants of Pinus L. or Pseudotsuga menziesii, intended for planting, including seeds and cones for propagation purposes, originating in any third countryThe plants must be accompanied by an official statement:
(a)

that they originate in a place of production which is registered and supervised by the national plant protection organisation and,

(b)

that they:

(i)

have been grown throughout their life in a country where Gibberella circinata Nirenberg & O’Donnell is not known to occur,

(ii)

have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Gibberella circinata Nirenberg & O’Donnell, or

(iii)

originate in a place of production where no signs of Gibberella circinata Nirenberg & O’Donnell have been observed during official inspections carried out within a period of two years prior to export and that they were tested immediately prior to export for Gibberella circinata Nirenberg & O’Donnell.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
6.Tubers of Solanum tuberosum L., originating in EgyptThe tubers must be accompanied by an official statement:
(a)

that the tubers have been subjected to an intensive control regime to ensure the absence of Ralstonia Solanacearum (Smith) Yabuuchi et al., covering growing conditions, field inspections, transport, packing, pre-export inspections and testing,

(b)

that each lot* is made up of tubers of Solanum tuberosum L. which have been harvested in a single pest free area**, and

(c)

that each bag of tubers was sealed under the control of the competent Egytian authorities.

In addition, each bag of tubers in the consignment must be clearly labelled with an indelible indication of the relevant individual official code number of the area from which they have been harvested and the relevant lot number, and each consignment must indicate the name or trademark of the officially registered exporter.

A phytosanitary certificate may not include any such official statement unless the national plant protection organisation of Egypt has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas.

* The lot number(s) must be included in the phytosanitary certificate under the heading “Distinguishing marks”.

** The official code number for the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”

7.

Plants, other than seeds, intended for planting, that have a stem or root collar diameter of 1 cm or more at their thickest point of:

  • Acer spp.,

  • Aesculus hippocastanum,

  • Alnus spp.,

  • Betula spp.,

  • Carpinus spp.,

  • Citrus spp.,

  • Cornus spp.,

  • Corylus spp.,

  • Cotoneaster spp.,

  • Crataegus spp.,

  • Fagus spp.,

  • Lagerstroemia spp.,

  • Malus spp.,

  • Platanus spp.,

  • Populus spp.,

  • Prunus laurocerasus,

  • Pyrus spp.,

  • Rosa spp.,

  • Salix spp.,

  • Ulmus spp.,

originating in China

The plants must be accompanied by:
(a)

an official statement 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 China and which is situated in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as free from Anoplophora chinensis (Forster),

(b)

an official statement that the plants have been grown during a period of at least two years prior to export, or in the case of plants, which are younger than two years, have been grown throughout their life, in a place of production established as free from Anoplophora chinensis (Forster) in accordance with ISPM No. 10:

(i)

which is registered and supervised by the national plant protection organisation of China,

(ii)

which has been subjected annually to at least two official meticulous inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the plant pest have been found,

(iii)

where the plants have been grown in a site with complete physical protection against the introduction of Anoplophora chinensis (Forster) or in a site with the application of appropriate preventive treatments which was surrounded by a buffer zone with a radius of at least 2 km 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) have been found, eradication measures were taken immediately to restore the pest freedom of the buffer zone, and

(iv)

where immediately prior to export, the plants, and in particular their roots and stems, were subjected to an official meticulous inspection for the presence of Anoplophora chinensis (Forster), which included targeted destructive sampling using samples to enable at least the detection of 1% level of infestation with a confidence of 99%, or

(c)

an official statement that the plants have been grown from rootstocks which were grown in accordance with the requirements specified in paragraph (b), grafted with scions which at the time of export were no more than 1 cm in diameter at their thickest point and have been subject to an official meticulous inspection for the presence of Anoplophora chinensis (Forster), which included targeted destructive sampling using samples to enable at least the detection of 1% level of infestation with a confidence of 99%.

A phytosanitary certificate may not include any of the official statements referred to in paragraphs (a) to (c) unless the national plant protection organisation of China has previously provided the national plant protection organisation of the United Kingdom with written details of the unique registration number of the place(s) of production.
The phytosanitary certificate must also include the registration number of the place of production under the heading “Additional declaration”.
* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
8.

Plants, other than seeds, intended for planting, that have a stem or root collar diameter of 1 cm or more at their thickest point of:

  • Acer spp.,

  • Aesculus hippocastanum,

  • Alnus spp.,

  • Betula spp.,

  • Carpinus spp.,

  • Citrus spp.,

  • Cornus spp.,

  • Corylus spp.,

  • Cotoneaster spp.,

  • Crataegus spp.,

  • Fagus spp.,

  • Lagerstroemia spp.,

  • Malus spp.,

  • Platanus spp.,

  • Populus spp.,

  • Prunus laurocerasus,

  • Pyrus spp.,

  • Rosa spp.,

  • Salix spp.,

  • Ulmus spp., originating in any third country, other than China, or the European Union, where Anoplophora chinensis (Forster) is known to be present

The plants must be accompanied by a phytosanitary certificate which includes:
(a)

an official statement 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 which is situated in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Anoplophora chinensis (Forster),

(b)

an official statement:

(i)

that the plants have been grown during a period of at least two years prior to export, or in the case of plants, which are younger than two years, have been grown throughout their life, in a place of production established as free from Anoplophora chinensis (Forster) in accordance with ISPM No. 10:

(aa)

which is registered and supervised by the national plant protection organisation in the country of origin,

(bb)

which has been subject annually to at least two official meticulous inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the plant pest have been found,

(cc)

where the plants have been grown in a site with complete physical protection against the introduction of Anoplophora chinensis (Forster) or in a site with the application of appropriate preventative treatments which was surrounded by a buffer zone with a radius of at least 2 km 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) have been found, eradication measures were taken immediately to restore the pest freedom of the buffer zone, and

(ii)

that immediately prior to export, the plants, and in particular their roots and stems, were subjected to an official meticulous inspection for the presence of Anoplophora chinensis (Forster), which included targeted destructive sampling using samples to enable at least the detection of 1% level of infestation with a confidence of 99%, or

(c)

an official statement that the plants have been grown from rootstocks which were grown in accordance with the requirements specified in paragraph (b), grafted with scions which at the time of export were no more than 1 cm in diameter at their thickest point and which have been subject to an official meticulous inspection for the presence of Anoplophora chinensis (Forster), which included targeted destructive sampling using samples to enable at least the detection of 1% level of infestation with a confidence of 99%.

* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”
9.

Plants, other than seeds, intended for planting, that have a stem or root collar diameter of 1 cm or more at their thickest point of:

  • Acer spp.,

  • Aesculus hippocastanum,

  • Alnus spp.,

  • Betula spp.,

  • Carpinus spp.,

  • Citrus spp.,

  • Cornus spp.,

  • Corylus spp.,

  • Cotoneaster spp.,

  • Crataegus spp.,

  • Fagus spp.,

  • Lagerstroemia spp.,

  • Malus spp.,

  • Platanus spp.,

  • Populus spp.,

  • Prunus laurocerasus,

  • Pyrus spp.,

  • Rosa spp.,

  • Salix spp.,

  • Ulmus spp., originating in an area in the European Union established in accordance with Article 6 of Decision 2012/138/EU

The plants must be accompanied by:
(a)

an official statement that the plants have been grown during a period of at least two years prior to export, or in the case of plants which are younger than two years, have been grown throughout their life in a place of production:

(i)

which is registered and supervised by the national plant protection organisation in the country of origin,

(ii)

which has been subject annually to at least two official meticulous inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times which included, where appropriate, targeted destructive sampling of the roots and stems of the plants, using samples to enable at least the detection of 1% level of infestation with a confidence of 99%, and no signs of the plant pest have been found, and

(iii)

where the plants have been grown in a site with complete physical protection against the introduction of Anoplophora chinensis (Forster) or with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot prior to their movement from the place of production at the appropriate level, and where official surveys for the presence of Anoplophora chinensis (Forster) are carried out annually within a radius of at least 1 km around the site at appropriate times and neither Anoplophora chinensis (Forster) or any signs of it were found, or

(b)

an official statement that the plants have been grown from rootstocks which were grown in accordance with the requirements specified in paragraph (a), grafted with scions which have not been grown under these conditions and are no more than 1 cm in diameter at their thickest point.

For the purpose of paragraph (a)(iii), the appropriate level is 10% of the plants, where the number of plants is 4,500 or less and 450 plants, where the number of plants is more than 4,500 plants
10.

Plants, other than seeds, intended for planting, that have a stem or root collar diameter of 1 cm or more at their thickest point of:

  • Acer spp.,

  • Aesculus hippocastanum,

  • Alnus spp.,

  • Betula spp.,

  • Carpinus spp.,

  • Citrus spp.,

  • Cornus spp.,

  • Corylus spp.,

  • Cotoneaster spp.,

  • Crataegus spp.,

  • Fagus spp.,

  • Lagerstroemia spp.,

  • Malus spp.,

  • Platanus spp.,

  • Populus spp.,