The Plant Health (Great Britain) Amendment (Scotland) Order 2003

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–

(1) Commission Directive 2002/36/EC (O.J. No. L 116, 3.5.02, p.16) and Commission Directive 2003/22/EC (O.J. No. L 78, 25.3.03, p.10), which amend certain Annexes to Council Directive 2000/29/EC (O.J. No. L 169, 10.7.00, p.1) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community; and

(2) Commission Directive 2003/21/EC (O.J. No. L 78, 25.3.03, p.8), which amends some protected zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC (O.J. No. L 127, 9.5.01, p38).

The principal changes introduced by this Order, which comes into force on 1st April 2003, are the–

(a) addition of Anoplophora glabripennis (article 2(3)(a)), Naupactus leucoloma (article 2(3)(b)) and Anisogramma anomala (article 2(7)) to the list of plant pests whose introduction into and spread within Great Britain is banned. It introduces specific measures for the import of Corylus from Canada and the United States (article 2(12)(a));

(b) restriction of the provisions on Liriomyza bryoniae to the protected zones of the Republic of Ireland and Northern Ireland (articles 2(4), 2(5) and 2(19)(b));

(c) restriction of the provisions on Liriomyza huidobrensis and Liriomyza trifolii to a list of host plants (articles 2(4) and 2(8));

(d) introduction and extension of plant passport and phytosanitary certificate requirements for certain plants or plant products in respect of Bemisia tabaci, Liriomyza sativae, Amauromyza maculosa, Liriomyza huidobrensis, Liriomyza trifolii and Thrips palmi (articles 2(12)(b) to (f), 2(13), 2(14)(f), 2(15), 2(16)(b) and 2(17)(b) and (c));

(e) amendment of the provisions against Beet necrotic yellow vein virus (articles 2(14)(b) and (c), 2(14)(e), (14)(g) to (j), 2(16)(a) and 2(18));

(f) addition of South Africa to the list of countries where Tilletia indica is known to occur (article 2(12)(g) and 2(17)(a));

(g) amendment of the protected zones established under Council Directive 2000/29/EC. The principal changes to the protected zones are the removal of certain areas in the county of Skåne in Sweden from the protected zone in respect of Beet necrotic yellow vein virus (known as rhizomania) (articles 2(6), 2(14)(b) and (c), 2(14)(e), 2(14)(h) to (j) and 2(21)), and redefinition of Italian protected zones in respect of the bacterium Erwinia amylovora (known as fireblight) (articles 2(10), 2(11), 2(14)(d) and 2(20));

(h) restriction of a protected zone for Gonipterus scutellatus to Portugal (Azores) (articles 2(9), 2(14)(a) and 2(19)(a));

(i) inclusion of a definition of relevant International Standards for Phytosanitary Measures and details of their availability (article 2(2)(b)).

The Order makes other minor corrections and improvements to the principal Order.