2016 No. 83
Plant Health

The Plant Health (Scotland) Amendment Order 2016

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, paragraph 1A of Schedule 2 to the European Communities Act 19723 and all other powers enabling them to do so.
This Order makes provision for preventing the introduction and spread of pests in Scotland and is, in part, called for by EU obligations in 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 Community4; Commission Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India5; Commission Implementing Decision (EU) 2015/237 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India6; Commission Implementing Decision (EU) 2015/749 repealing Decision 2007/410/EC on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid7; 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.)8; Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky)9; Commission Implementing Decision (EU) 2015/1199 recognising Bosnia and Herzegovina as being free from Clavibacter michiganensis ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al.10; Commission Implementing Decision (EU) 2015/1849 on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain vegetables originating in Ghana11; Commission Implementing Decision (EU) 2015/2417 amending 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.)12; and Commission Implementing Decision (EU) 2015/2434 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India13.

This Order makes provision for a purpose mentioned in section 2 of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to 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.) to be construed as references to that instrument as amended from time to time.