(This note is not part of the Order)
This Order, which comes into force on 11th November 2004, amends the Plant Health (Great Britain) Order 1993 so as to implement in Scotland–
(1) Points 9 and 30 of the Annex to Commission Directive 2002/36/EC (O.J. No. L 116, 3.5.02, p.16) which amends various 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;
(2) Commission Directive 2003/46/EC (O.J. No. L 138, 5.6.03, p.45) 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, p.38);
(3) Commission Directive 2003/47/EC (O.J. No. L 138, 5.6.03, p.47) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;
(4) Commission Directive 2003/116/EC (O.J. No. L 321, 6.12.03, p.36) which amends certain Annexes to Council Directive 2000/29/EC (O.J. No. L 169, 10.7.00, p.1) as regards the harmful organism Erwinia amylovora (Burr.) Winsl. et al.;
(5) Commission Directive 2004/31/EC (O.J. No. L 85, 23.3.04, p.18) which amends certain Annexes to Council Directive 2000/29/EC (O.J. No. L 169, 10.7.00, p.1) as regards the harmful organism Erwinia amylovora (Burr.) Winsl. et al. and in other respects;
(6) Commission Directive 2004/32/EC (O.J. No. L 85, 23.3.04, p.24) which amends certain 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, p.38);
(7) Commission Directive 2004/70/EC (O.J. No. L 127, 29.4.04, p.97) which amends certain Annexes to Council Directive 2000/29/EC (O.J. No. L 169, 10.7.00, p.1);
(8) Commission Decision 2004/522/EC (O.J. No. L 228, 29.6.04, p.18) which amends Directive 2001/32/EC (O.J. No. L 127, 9.5.2001, p.38) recognising protected zones exposed to particular plant health risks in the Community;
(9) Commission Decision 2004/278/EC (O.J. No. L 87, 25.3.04, 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; and
(10) Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and the adjustments to the Treaties on which the European Union is founded (O.J. No. L 236, 23.9.03, p.33) insofar as they relate to matters covered by the Plant Health (Great Britain) Order 1993.
The principal changes to the Plant Health (Great Britain) Order 1993 introduced by this Order are as follows:–
(a)amendment of the definition of “Directive 2000/29/EC” so as to incorporate amendments made to it by Directives 2003/47/EC, 2003/116/EC, 2004/31/EC, 2004/70/EC and Article 20 and Annex II of the Act concerning the Conditions of Accession referred to above (article 2(2) (a));
(b)amendment of the definition of “the Euro-Mediterranean area” and “Europe” to remove the references to Cyprus, Malta, Estonia, Latvia and Lithuania as third countries (article 2(2)(b) and (c));
(c)amendment of the definition of European Community (article 2(2)(d));
(d)amendment of the definition of “official statement” in respect of plants, plant products and other objects imported from outside the European Community to include, in the case of imports from Switzerland, a Swiss plant passport (article 2(2)(e));
(e)amendment of the definition of “plant passport” to include Swiss plant passports and the insertion of a definition of “Swiss plant passport” (article 2(2)(f) and (g) and (2)(21));
(f)amendment of articles 3(1)(e), 9 and 11(2) so as to include recognition of a Swiss plant passport for certain plant products imported from Switzerland and, in relation to article 3(1)(e) to exclude certain plant products imported from Switzerland from the prohibition on importation (article 2(3), (4), (5) and (21));
(g)amendment of the Protected Zone for Globodera pallida (Stone) Behrens to include Latvia, Slovakia and Slovenia (article 2(6)(a), (18)(c) and (22)(b));
(h)establishment of a new Protected Zone for Daktulosphaira vitifoliae (Fitch) in Cyprus and corresponding amendments to the plant passport arrangements in respect of Vitis L. (article 2(6)(a), (18)(d) and (22)(a));
(i)amendment of the Protected Zone for Leptinotarsa decemlineata Say to include Cyprus and Malta (article 2(6)(b) and (22)(d));
(j)amendment of the Protected Zone for beet necrotic yellow vein virus to include Lithuania and to exclude Sweden (article 2(7), (18)(b) and (24)(a));
(k)removal of Eutetranychus orientalis Klein from the list of plant pests not known to occur in the Community and relevant for the entire Community and placement in the list of plant pests known to occur in the Community and relevant for the entire Community (article 2(8) and (9));
(l)amendment of the Protected Zone for Gonipterus scutellatus Gyll to include Greece and to limit the application in relation to Portugal to the Azores only (article 2(11), (18)(a) and (22)(c));
(m)amendment of the Protected Zone for Citrus tristeza virus to include Malta (article 2(13), (18)(e) and (24)(b));
(n)removal of Cyprus and Malta from the countries of origin in relation to tubers of the species of Solanum L and their hybrids (article 2(14)(a));
(o)removal of Cyprus, Malta, Estonia, Latvia and Lithuania and Algeria and the addition of Georgia to the list of countries that are subject to soil and growing medium requirements (article 2(14)(b), (16)(b) and (20)(a)(iii));
(p)removal of Switzerland from the list of third countries from which the introduction into Scotland of plants of Vitis L. other than fruit is prohibited (article 2(14)(c));
(q)introduction of plant passport and phytosanitary certificate requirements in respect of fruit of Vitis L. (article 2(19)(b)(ii) and 2(20)(b)(ii));
(r)amendment of Schedule 5, Part B, section I, item 2 to include the relevant plant products of the species referred to in that item (article (20)(a)(ii));
(s)various amendments in respect of Erwinia amylovora (Burr.) Winsl. et al. as follows:–
(i)an amendment to the list of host plants capable of spreading Erwinia amylovora (Burr.) Winsl. et al. to include Amelanchier Med., Photinia davidiana (Dcne.) Cardot and all species of Sorbus L. (article 2(10), (12), (15), (16)(a), (17), (18)(d), (19)(a) and (b) and (20)(b)(i));
(ii)amendments to the provisions on “buffer zones” (article 2(18)(d));
(iii)the introduction of a requirement of documentary evidence of certain facts for the movement of beehives in Schedule 4, Part B, item 21 (article 2(18)(d));
(iv)amendment of the Protected Zone for Erwinia amylovora (Burr.) Winsl. et al. to include Lithuania, Latvia, Slovenia and Slovakia (article 2(12), (15), (18)(d) and (23));
(v)removal of Switzerland from the list of third countries prohibited from introducing plants and live pollen for pollination of plants capable of spreading Erwinia amylovora (Burr.) Winsl. et al. except in relation to Cotoneaster Ehrh. and Photinia davidiana (Dcne.) Cardot (article 2 (15));
(t)addition of Iran to the list of countries where Tilletia indica Mitra is known to occur and for which special requirements must be met for the introduction and movement into and within Great Britain of seeds and grain of the genera Triticum, Secale and X Triticosecale (article 2(16)(c), (20)(a)(i) and (iv));
(u)insertion of a new Schedule 5A providing the lists of plants, plant products and other objects which may be traded between the Community and Switzerland with a plant passport and those plants, plant products and other objects which may be traded between the two parties freely (article 2(21)).
No Regulatory Impact Assessment has been prepared in respect of the Order.