The Plant Health (Phytophthora ramorum) (Scotland) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 2nd December 2004, implements in Scotland–

(a) Commission Decisions 2002/757/EC of 19th September 2002 (O.J. No. L 252, 20.9.2002, p.37) and 2004/426/EC of 29th April 2004 (O.J. No. L 189, 27.5.2004, p.1) on provisional emergency phytosanitary measures to prevent the introduction into and the spread of within the Community of Phytophthora ramorum insofar as they relate to plants other than forest trees; and

(b) Commission Decision 2004/278/EC (O.J. No. L 87, 25.3.2004, p.31) on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade and agricultural products insofar as it relates to Camellia, Rhododendron and Viburnum.

The Order prohibits the introduction and spread of the plant pest, Phytophthora ramorum, a fungus identified as causing Sudden Oak Death syndrome in certain species of oak in the USA and harm to other plant species, including Camellia, Rhododendron and Viburnum (article 3).

It controls the importation of plants of a number of susceptible species from the USA, requiring such material to be accompanied by phytosanitary certificates which may be issued only after specific checks have been carried out during production and before consignment; or alternatively, where the material originates in a part of the USA recognised by plant health authorities as free from the pest, confirming that fact (article 4 and Schedule 1).

Susceptible material imported from third countries, including the USA must have a plant passport when it is moved within Scotland or elsewhere in the European Community (EC) or Switzerland (article 5).

Plants of Camellia, Rhododendron and Viburnum produced in Scotland or originating anywhere else in the EC (which includes for these purposes, the Channel Islands and Isle of Man) or Switzerland, must be accompanied by a plant passport when they are moved, and are subject to further controls on their movement (article 6 and Schedule 2).

The Order requires producers of Camellia, Rhododendron and Viburnum in Scotland wishing to move such material to be registered if they are not already registered under the principal Plant Health Order (the Plant Health (Great Britain) Order 1993, as amended) (“the principal Order”) (article 7). There are some exceptions to the movement restrictions in the case of persons not acting in the course of a trade, business or undertaking (article 7(4)).

Provisions similar to those in the principal Order apply to authorisations to registered traders to enable them to issue plant passports under the supervision of SEERAD, as the official plant health service in Scotland (article 8) and to the issue of phytosanitary certificates in Scotland and the treatment of phytosanitary certificates or plant passports issued outside Scotland (articles 9 and 10).

There is provision for licensed importation, movement and keeping of the prohibited pest for research purposes (article 11).

Provisions similar to those in the principal Order apply to actions which may be required or which may be taken by Plant Health Inspectors (articles 12 to 14).

Offences similar to those created in the principal Order are created in respect of the production of plant passports pursuant to this Order and in respect of the introduction, spread and movement of the pest and compliance with notices served under this Order and the obstruction of inspectors exercising their powers under this Order (article 15).

Article 3 of the Plant Health (Phytophthora ramorum) (Scotland) Order 2002 (S.S.I. 2002/223 and the Plant Health (Phytophthora ramorum) (No. 2) (Scotland) Order 2002 (S.S.I. 2002/483)are revoked (article 16).

No Regulatory Impact Assessment has been carried out in relation to this Order.