The Plant Health (Scotland) Amendment Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613) (“the principal Order”) to transpose and implement certain EU legislation. It also makes consequential amendments to the principal Order and revokes obsolete articles in previous amending instruments.

Commission Implementing Decisions 2012/270/EU and 2014/679/EU

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) was implemented in Scots law by S.S.I 2013/187. It has subsequently been amended by Commission Implementing Decision 2014/679/EU (OJ L 283, 27.9.2014, p.61) to make provision for the movement of tubers to packing facilities outside demarcated areas and for other purposes. Article 9(2)(f) substitutes item 19A of Part B of Schedule 4 to the principal Order to reflect the amendments made by Commission Implementing Decision 2014/679/EU. Article 6(c) also ensures full implementation of Commission Implementing Decision 2012/270/EU by inserting a new paragraph (3) into article 22 of the principal Order, with the effect that tubers which originate in an area demarcated for the purposes of that Commission Implementing Decision and which remain within such demarcated areas do not require to be accompanied by a plant passport if landed or moved within Scotland. At the time this Order is made however there are no demarcated areas within Scotland for the purposes of that Commission Implementing Decision.

Commission Implementing Decision 2012/697/EU

Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry) (OJ L 311, 10.11.2012, p.14) was implemented by S.S.I 2013/187. Article 6(c) ensures full implementation of this Commission Implementing Decision by inserting a new paragraph (3) into article 22 of the principal Order, with the effect that relevant plants originating in an area demarcated for the purposes of that Commission Implementing Decision and which remain within such demarcated areas do not require to be accompanied by a plant passport if landed or moved within Scotland. At the time this Order is made however, there are no demarcated areas within Scotland for the purposes of that Commission Implementing Decision.

Commission Implementing Directive 2014/78/EU

Commission Implementing Directive 2014/78/EU amending Annexes I, II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 183, 24.6.2014, p.27) makes certain technical amendments to the Annexes of Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p.1) (“the Directive”). The amendments to the Annexes are transposed into Scots law by the amendments made to the principal Order in articles 7(1) and (2)(a), 8(1), and (2)(a) and (2)(c), 9(1)(b) to (e) and (h) to (x), 9(2)(c) to (n), 9(3), 10(1) and (2), 11(1)(a) and (b) and (2), 12(1)(a) and (b)and (2). A transposition table is included in the policy note for this Order. Certain of the amendments to the Annexes relate to forestry matters and these were transposed into Scots law by the Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014 (S.I. 2014/2420)

Commission Implementing Directive 2014/83/EU

Commission Implementing Directive 2014/83/EU amending Annexes I, II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 186, 26.6.2014, p.64) makes certain technical amendments to the Annexes of the Directive, which are transposed into Scots law by the amendments made to the principal Order in articles 8(2)(b), 9(1)(c), (2)(b) and (3), 11(2) and 12(2)(a). A transposition table is included in the policy note for this Order. Certain of the amendments to the Annexes relate to forestry matters and these were transposed into Scots law by the Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014.

Commission Implementing Decision 2014/422/EU

Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa (OJ L 196, 3.7.2014, p.23) is implemented by the amendment made in article 8(1)(c), which updates the scientific name of the pest in Part A 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). It is also implemented by articles 9(1)(f) to (g), which amend Part A of Schedule 4 to the principal Order (restrictions on the landing in and movement within Scotland of relevant material) to introduce the requirement for the relevant fruits to be accompanied by an official statement containing the prescribed declarations.

Commission Implementing Decision 2014/497/EU

Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju) (OJ L 219, 25.7.2014, p.56) is implemented by articles 7(1)(b) and (2)(b) which amend Schedule 1 of the principal Order (plant pests which shall not be landed in or spread within Scotland) to move the entry for Xylella fastidiosa (Well and Raju) from Part A (plant pests not known to occur in any part of the European Union) to Part B (plant pests known to occur in the European Union). It is also implemented by article 9(1)(x) which inserts item 86 into Part A of Schedule 4 to introduce the requirement for relevant plants originating in a third country in which Xylella fastidiosa (Well and Raju) is known to be present to be accompanied by an official statement containing the prescribed declarations. Article 9(2)(o) inserts item 40 into Schedule 4, 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) to introduce the requirement for relevant plants originating in an area demarcated for the purposes of Commission Implementing Decision 2014/497/EU to be accompanied by an official statement containing the prescribed declarations. Article 11(1)(c) adds a new paragraph 12 to Part A of Schedule 6 to the principal Order (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) with the effect that relevant plants which have been grown for part of their life, or moved through, a demarcated area must be accompanied by a plant passport when landed in or moved within Scotland. Article 6(c) adds a new paragraph (3) to article 22 which qualifies this requirement however, to the extent that the plant passport is only required if the relevant plants are moved outside “infected zones”, within the meaning of that Commission Implementing Decision. At the time this Order is made however there are no such infected zones in Scotland for the purposes of this Commission Implementing Decision. Article 12(1)(c) inserts a new paragraph 12 into Part A of Schedule 7 to the principal Order (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) with the effect that relevant plants which have been grown for part of their life, or moved through, a demarcated area must be accompanied by a plant passport on consignment to another part of the European Union.

Commission Implementing Decision 2014/690/EU

Commission Implementing Decision 2014/690/EU repealing Decision 2006/464/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu (OJ L 288, 2.10.2014, p. 5) is implemented by article 9(1)(a) which revokes item 6a of Part A of Schedule 4 to the principal Order and by article 9(2)(a) which revokes item 4a of Part B of Schedule 4. These items had been inserted into the principal Order by S.S.I 2006/474 in order to implement Commission Implementing Decision 2006/464/EC.

No business and regulatory impact assessment has been prepared for this Order as there is no impact on the costs for Scottish business.