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

SECTION 3 UK 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)(1) 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(2),

(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(3),

(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(4),

(ii) produced in England or Wales, which is set out in the schedule to the Marketing of Ornamental Plant Propagating Material Regulations 1999(5),

(iii) produced in Northern Ireland, which is set out in the schedule to the Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999(6);

(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(7);

(ii) produced in Wales, which is set out in Part 2 of schedule 2 to the Fruit Plant and Propagating Material (Wales) Regulations 2017(8);

(iii) produced in Scotland, which is set out in Part 2 of schedule 5 to the Fruit Plant and Propagating Material (Scotland) Regulations 2017(9);

(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(10);”,

(h) in paragraph 7—

(i) in sub-paragraph (a) for “EU plant passport”(11) 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(12),

(ii) in the case of seed potatoes produced in England, in Part 1 of schedule 2 of the Seed Potatoes (England) Regulations 2015(13),

(iii) in the case of seed potatoes produced in Wales, in Part 1 of schedule 2 of the Seed Potatoes (Wales) Regulations 2016(14),

(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(15),”,

(ii) in sub-paragraph (b) for “EU plant passport”(16) 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(17),

(ii) in the case of seeds produced in England, in Parts 2 and 3 of schedule 3 of the Seed Marketing Regulations 2011(18),

(iii) in the case of seeds produced in Wales, in Parts 2 and 3 of schedule 3 of the Seed Marketing (Wales) Regulations 2012(19),

(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(20),”,

(ii) in sub-paragraph (b) for “EU plant passport”(21) 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”.

(1)

Paragraph 4(1)(a) was amended by S.I. 2011/1043.

(2)

S.I. 1995/2652, to which there are amendments not relevant to these Regulations.

(3)

S.R. 1995 No. 415, to which there are amendments not relevant to these Regulations.

(4)

S.I. 1999/1801, amended by S.S.I. 2018/284; there are other amending instruments but none are relevant.

(5)

S.I. 1999/1801.

(6)

S.R. 1999 No. 502.

(7)

S.I. 2017/595.

(8)

S.I. 2017/691 (W.163).

(9)

S.S.I. 2017/177.

(10)

S.R. 2017 No. 119.

(11)

The words “EU plant passport” were substituted by S.S.I. 2013/366.

(12)

S.S.I. 2015/395.

(13)

S.I. 2015/1953.

(14)

S.I. 2016/106 (W.52).

(15)

S.R. 2016 No. 190.

(16)

These words were substituted in sub-paragraph (b) by S.S.I. 2013/366.

(17)

S.S.I. 2004/317.

(18)

S.I. 2011/463.

(19)

S.I. 2012/245 (W.39).

(20)

S.R. 2016 No. 244.

(21)

These words were substituted in sub-paragraph (b) by S.S.I. 2013/366.