The Plant Health (Scotland) (Amendment) Order 2007

Amendment of Schedule 16

7.—(1) Schedule 16 (special measures for the control of potato ring rot) is amended in accordance with paragraphs (2) to (10).

(2) In paragraph 2, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.

(3) For paragraph 3, substitute–

“3.   Material can be required to be disposed of–

(a) by destruction; or

(b) by any other measure that complies with paragraph 1 of Annex IV to Directive 93/85/EEC.”.

(4) In paragraph 4–

(a) for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”; and

(b) in sub-paragraph (b), for “paragraph 5”, substitute “paragraph 2 of Annex IV to Directive 93/85/EEC”.

(5) Omit paragraph 5.

(6) In paragraphs 6, 7 and 9, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.

(7) For paragraph 10(b) and (c), substitute–

“(b) in the first potato cropping season following the period referred to in paragraph (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting; and

(c) in the potato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle (which shall be at least two years where potatoes are planted for seed production), that basic seed potatoes or pre-basic seed potatoes may be planted, for seed or ware production.”.

(8) For paragraph 11(b), substitute–

“(b) in the first potato cropping season following the period referred to in paragraph (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for seed or ware production, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting.”.

(9) In paragraph 12–

(a) for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”; and

(b) for paragraphs (b) and (c), substitute–

“(b) in the second growing year following the period referred to in paragraph (a) that basic seed potatoes or pre-basic seed potatoes officially tested for the absence of Potato Ring Rot and grown under official control at a place of production which is not designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC, may be planted, for seed or ware production;

(c) for at least the third growing year following the period referred to in paragraph (a), that basic seed potatoes or pre-basic seed potatoes grown under official control may be planted, for seed or ware production; and

(d) from the date of receipt of the notice for the growing years referred to in paragraphs (a), (b) and (c), measures shall be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot.”.

(10) In paragraphs 13 and 16, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.