Explanatory Note

(This note is not part of the Order)

This Order amends Schedules 16 and 17 to the Plant Health (Scotland) Order 2005 (“the principal Order”). The Schedules, which implement Council Directive 93/85/EEC and Council Directive 98/57/EC contain special measures on the control of Potato Ring Rot and Ralstonia solanacearum respectively.

The amendments to Schedule 16, in article 7, give effect to Commission Directive 2006/56/EC (O.J. No. L 182, 4.7.2006, p.1) which amends the Annexes to Council Directive 93/85/EEC.

Similarly, the amendments to Schedule 17, in articles 8 and 9, give effect to Commission Directive 2006/63/EC (O.J. No. L 206, 27.7.2006, p.36) which amends Annexes II to VII to Council Directive 98/57/EC.

The amendments to both Schedules update requirements for the disposal of contaminated and possibly contaminated material, for the control measures required in contaminated places of production and, in the case of Ralstonia solanacearum, for such measures within demarcation zones.

The Order, in articles 3 to 6, also makes minor and drafting amendments to the principal Order.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.