2012 No. 326
Plant Health

The Plant Health (Scotland) Amendment (No. 2) Order 2012

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 19671, section 20 of the Agriculture (Miscellaneous Provisions) Act 19722 and all other powers enabling them to do so.

This Order makes provision which the Scottish Ministers think expedient for preventing the introduction and spread of pests in Scotland, namely, Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus.

Citation and commencement1.

This Order may be cited as the Plant Health (Scotland) Amendment (No. 2) Order 2012 and comes into force on 14th January 2013.

Amendments to the Plant Health (Scotland) Order 20052.

The Plant Health (Scotland) Order 20053 is amended in accordance with articles 3 to 11.

Amendment of Part 13.

In article 2(1) (general interpretation), for the definition of “ISPM No. 4” substitute—
““ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations4;”.

Amendment of Part 24.

In article 8(2) (exceptions from certain prohibitions and requirements)—

(a)

in sub-paragraph (a)(iii), after “potatoes” insert “or seeds of Fraxinus L.”; and

(b)

for sub-paragraph (b)(ii) substitute—

“(ii)

plants intended for planting, other than those in sub-paragraph (i) or plants of Fraxinus L., not exceeding 5 in number.”.

Amendment of Part 35.

In article 22(1) (exceptions from certain prohibitions and requirements), after “small quantities of any relevant material” insert “other than plants of Fraxinus L. intended for planting”.

Amendment of Schedule 16.

In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), in Part B (plant pests known to occur in the European Union), for the items under the heading “Fungi”, substitute—

“1.

Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus

2.

Melampsora medusae Thümen

3.

Synchytrium endobioticum (Schilbersky) Percival”.

Amendment of Schedule 27.

In Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), in Part B (plant pests known to occur in the European Union), after item 1 under the heading “Fungi” insert—

“1a.

Plants of Fraxinus L. intended for planting

Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus”.

Amendment of Schedule 48.

(1)

Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material) is amended in accordance with paragraphs (2) and (3).

(2)

In Part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied)—

(a)

in item 7a5, in the third column, for “The plants shall be accompanied by an official statement” substitute “Without prejudice to the requirements in item 7b, the plants shall be accompanied by an official statement”; and

(b)

after item 7a insert—

“7b.

Plants of Fraxinus L., intended for planting, originating in a third country

Without prejudice to the requirements in item 7a, the plants shall be accompanied by a phytosanitary certificate which has been issued by the national plant protection organisation of the country from which the plants originate and which includes under the heading “Additional Declaration” an official statement that the plants have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No. 4.”.

(3)

In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within Scotland if special requirements are satisfied), after item 37a6 insert—

“38.

Plants of Fraxinus L. intended for planting

The plants shall be accompanied by an official statement that they have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No. 4.”.

Amendment of Schedule 59.

In Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required), in Part A (relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate)—

(a)

in paragraph 1(c), for “or Phaseolus L.” substitute “Phaseolus L. or Fraxinus L.”; and

(b)

in paragraph 2(a), after “Dianthus L.,” insert “Fraxinus L.,”.

Amendment of Schedule 610.

In Schedule 6 (prohibitions on the landing in and movement within Scotland of relevant material without a plant passport), in Part A (relevant material, from Scotland or elsewhere in the European Union, which may only be landed in or moved within Scotland if accompanied by a plant passport), after paragraph 87 insert—

“9.

Plants of Fraxinus L. intended for planting.”.

Amendment of Schedule 711.

In Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport), in Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport), after paragraph 88, insert—

“9.

Plants of Fraxinus L. intended for planting.”.

PAUL WHEELHOUSE
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 (“the principal Order”) to include emergency measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus, a cause of ash dieback.

In particular, the Order:

(a)

prohibits the landing in or the spread within Scotland of Chalara fraxinea T. Kowalski (article 6);

(b)

prohibits the landing in or the movement within Scotland of plants of Fraxinus L. intended for planting which are infected with Chalara fraxinea T. Kowalski (article 7));

(c)

imposes additional requirements on the landing in or movement within Scotland of plants of Fraxinus L. intended for planting (articles 8 to 10); and

(d)

imposes additional requirements on the consignment from Scotland to other parts of the European Union of plants of Fraxinus L. intended for planting (article 11)).

Emergency measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski were introduced by the Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707). Under section 1(2)(a) of the Plant Health Act 1967 (“the 1967 Act”) the competent authority for those measures in relation to the protection of forest trees and timber is the Forestry Commissioners. This Order enables the Scottish Ministers to act as competent authority for Scotland, under section 1(2)(b) of the 1967 Act, in relation to measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski otherwise.