The Plant Health (Great Britain) Amendment (Scotland) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Great Britain) Order 1993 (“the principal Order”), in relation to Scotland, so as to implement certain elements of Commission Directives 2002/28/EC (O.J. No. L 77 20.3.02, p.23) and 2002/29/EC (O.J. No. L 77, 20.3.02, p.26) which are not implemented in other legislation. Commission Directive 2002/29/EC amends the protected zones established under Council Directive 2000/29/EC (OJ No. L169, 10.7.00, p.1) (“the principal Plant Health Directive”) and scheduled in the Annex to Commission Directive 2001/32/EC (O.J. No. L 127, 9.5.01, p.38). Directive 2002/28/EC provides for consequential amendments to certain Annexes of the principal Plant Health Directive.

The amendments in this Order implementing Directive 2002/28/EC are at articles 4 to 7 inclusive. Directive 2002/29/EC is implemented by article 8, which amends Schedule 8 to the principal Order. The principal changes to the protected zones are removal of Great Britain from the protected zone in respect of Beet necrotic yellow vein virus (known as rhizomania) (articles 4, (7)(a) and (c) and (8)), and re-definition of the Italian and Austrian protected zones in respect of the bacterium Erwinia amylovora (Burr.) Winsl. et al (known as fireblight) (articles 5, 6, 7(b) and 8). A small amendment is made to the description of Citrus tristeza virus in Schedule 8 (article 8(b)(ii)).

An additional amendment is made to the definition of Council Directive 2000/29/EC so as to incorporate amendments made to it by Commission Directive 2002/28/EC (article 3).

Finally, the Order revokes a number of provisions in the Plant Health (Great Britain) Amendment (Scotland) Order 2001, which amended the principal Order and which amendments have been superceded (article 9).