The Plant Health (Scotland) Amendment Order 2016

Amendment of Part 1

3.  In article 2(1) (general interpretation)—

(a) omit the definition of “Decision 2007/410/EC”(1);

(b) after the definition of “Decision 2012/138/EU”(2) insert—

““Decision (EU) 2015/789” means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)(3), as amended from time to time;

“Decision (EU) 2015/893” means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky)(4);”;

(c) in the definition of “ISPM No. 5”(5) for “as last modified in May 2012” substitute “as last published on 25th June 2015”; and

(d) after the definition of “plant trader” insert—

““plants specified in relation to Xylella fastidiosa (Wells et al.)” means any plants for planting, other than seeds, belonging to the genera or species—

(a)

listed in Annex I to Decision (EU) 2015/789; or

(b)

published in the database of host plants(6) by the European Commission pursuant to Article 1(b) of that Decision;”.

(1)

The omitted definition was inserted by S.S.I. 2007/498.

(2)

The definition of Decision 2012/138/EU was inserted by S.S.I. 2012/266.

(3)

OJ L 125, 21.5.2015, p.36, as amended by Commission Implementing Decision (EU) 2015/2417 (OJ L 333, 19.12.2015, p.143).

(4)

OJ L 146, 11.6.2015, p.16.

(5)

The definition was inserted by S.S.I. 2013/187.

(6)

“Host plants” are those having been found to be susceptible in the Union territory to Xylella fastidiosa (Wells et al.) or, where a member State has demarcated an area with regard to only one or more subspecies of that organism pursuant to the second sub-paragraph of Article 4(1) of Decision (EU) 2015/789, as having been found to be susceptible to that or those subspecies.