The Plant Health (Scotland) Amendment Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 (“the principal Order”) to implement certain EU obligations relating to plant health. It also makes some other changes to the principal Order.

Commission Implementing Decision 2012/138/EU

Articles 8(b), 9(1)(b), 9(2)(b) and (c), 10(b) and 11(b) implement Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster) (OJ L 64, 3.3.2012, p.38). The Order amends Part A of Schedule 4 to the principal Order (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied) to place requirements on the landing in and movement within Scotland of certain host plants which originate in countries where the pest (known commonly as the citrus longhorn beetle) is known to occur. Additional controls are placed on plants imported from China, including plants of Acer spp. (article 9(1)(b)). The ban on import into the Union of plants of Acer spp. originating in China expired on 30th April 2012 and article 8(b) of the Order, which amends Schedule 3 to the principal Order (relevant material which may not be landed in Scotland if that material originates in certain third countries) reflects this.

Article 9(2)(b) amends Part B of Schedule 4 to the principal Order (relevant material from another part of the European Union, which may only be landed in or moved within Scotland if special requirements are satisfied) to place requirements on the import into and movement within Scotland of the relevant host plants from demarcated areas within other member States. Article 9(2)(c) does the same in relation to host plants which do not originate in demarcated areas but which were introduced into a place of production in such an area (article 9(2)(c)).

Articles 10(b) and 11(b) of the Order amend Part A of Schedule 6 (relevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport) and Part A of Schedule 7 (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) respectively to require that the relevant host plants of Anoplophora chinensis (Forster) are accompanied by a plant passport when landed in or moved within Scotland or when on consignment to another part of the Union.

Commission Implementing Decision 2012/219/EU

Article 8(a) amends Schedule 3 to the principal Order (relevant material which may not be landed in Scotland if that material originates in certain third countries) to except Serbia from the general prohibition on the introduction into the Union of tubers of species Solanum L and their hybrids. This exception implements Commission Implementing Decision 2012/219/EU recognising Serbia as being free from Clavibacter michiganensis ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al. (OJ L 114, 26.4.2012, p.28).

Commission Implementing Decision 2012/270/EU

Articles 4, 7, 9(1)(a), 9(2)(a), 10(a) and 11(a) implement Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) (OJ L 132, 23.5.2012, p.18). Article 4 (in so far as it inserts paragraph (12)) amends article 39 of the principal Order (miscellaneous provisions for certain solanaceous species) to allow inspectors to perform an official survey for the presence of these pests (known commonly as potato flea beetles). Article 7 of the Order adds these pests to Schedule 1 to the principal Order. Amongst other things, this addition permits inspectors to use their general powers under article 32 of the principal Order to require certain actions to be taken by the occupier or person in charge of land on which the pest may be present.

Articles 9(1)(a) and 9(2)(a) amend Parts A and B respectively of Schedule 4, to place requirements on the import into and movement within Scotland of tubers of Solanum tuberosum L, which originate in any third country in which the pests are known to occur (article 9(1)(a)) or in a demarcated area within a Member State (article 9(2)(a)). Articles 10(a) and 11(a) amend Part A of Schedule 6 and Part A of Schedule 7 to the Principal Order respectively. They require tubers of Solanum tuberosum L. which originate in a demarcated area of another member State may only be landed in or moved within Scotland, or consigned to another part of the Union from Scotland, if they are accompanied by a plant passport.

Council Directive 2007/33/EC

Articles 4 (in so far as it inserts paragraph (11) into article 39 of the principal Order) and 13 (which amends Schedule 15 to the principal Order (special measures for the control of Potato Cyst Nematode)) together permit inspectors to perform surveys on fields used for the production of ware potatoes and to take the steps required by Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC (OJ L 156, 16.6.2007, p.12) if that pest is discovered.

Other changes

Article 3 substitutes the definition of “Directive 2000/29/EC” (OJ L 169, 10.7.2000, p.1) in order to capture amendments which have been made to the Directive since the making of the principal Order. It also adds two other definitions of instruments referred to in these amendments.

Article 5 substitutes article 40 of the principal Order (licences to carry out activities prohibited by this Order). The previous article 40 allowed for the grant of licences in exercise of a derogation under Council Directive 2000/29/EC. The substituted article also allows for licences to be granted for the purposes of scientific research on pests which, although not listed in Schedule 1 to the principal Order (Plant pests which shall not be landed in or spread within Scotland) or column 3 of Schedule 2 to the principal Order (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), are pests which are not normally present in Great Britain but which would be injurious to plants in Great Britain.

Article 6 inserts a new article 44A into the principal Order to permit the Commissioners for Her Majesty’s Revenue and Customs to disclose any information in their possession to the Scottish Ministers for the purposes of the principal Order (article 6(1)). It also creates a new offence and corresponding penalty in relation to this power of disclosure by amending articles 45 (offences) and 46 (penalties) of the principal Order.

Article 12 amends Schedule 8 to the principal Order (Swiss plant passports) to reflect Decision No 1/2010 of the Joint Committee on Agriculture set up by the agreement between the European Community and the Swiss Confederation on trade in agricultural products concerning the amendments to the Appendices to Annex 4 (2011/83/EU) (OJ L 32, 8.2.2011, p.9). The article updates the list of plants which may enter Scotland accompanied by a Swiss plant passport.

Article 14 revokes certain articles of other orders in consequence of this Order.

No business and regulatory impact assessment has been prepared for this Order as no impact on business, charities or voluntary bodies is foreseen.