The Marketing of Ornamental Plant Propagating Material Amendment (Scotland) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Marketing of Ornamental Plant Propagating Material Regulations 1999 (S.I. 1991/1801) (“the principal Regulations”). The principal Regulations implemented Council Directive 98/56/EC on the marketing of propagating material of ornamental plants (OJ L 226, 13.8.98, p.16). These Regulations amend the principal Regulations in order to fully transpose that Directive. They also transpose Commission Implementing Directive (EU) 2018/484 (OJ L 81, 23.3.2018, p.10) and update out of date references to domestic legislation and EU instruments.

Regulation 3 makes, in particular, the following amendments to the principal Regulations:

• replaces references to Council Directive 77/93/EEC (OJ L 26, 31.1.77, p.20) with references to Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1);

• replaces references to the Plant Health (Great Britain) Order 1993 (S.I. 1993/1320) with references to the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613); and

• inserts a new regulation 6A providing for additional requirements to be met when marketing propagating material of the Palmae family of the genera and species listed in schedule 2 (which is also inserted by these Regulations).

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.