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The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

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Regulation 18

F1SCHEDULE 1STemporary national measures

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 23

SCHEDULE 2SSpecific measures relating to certain solanaceous species

PART 1SGeneral interpretation

1.  In this schedule—S

“basic seed potatoes” has the meaning given by regulation 2(1) of the Seed Potatoes Regulations,

F2...

F2...

F2...

F2...

[F3“EPPO PM 7/21” means the standard describing a diagnostic protocol for Ralstonia solanacearum, R. pseudosolanacearum and R. syzygii approved by the European and Mediterranean Plant Protection Organization,

“EPPO PM 7/40” means the standard describing a diagnostic protocol for Globodera rostochiensis and Globodera pallida approved by the European and Mediterranean Plant Protection Organization,

“EPPO PM 7/59” means the standard describing a diagnostic protocol for Clavibacter michiganensis subsp. sepedonicus approved by the European and Mediterranean Plant Protection Organization,

“EPPO PM 7/119” means the standard describing the procedures for nematode extraction approved by the European and Mediterranean Plant Protection Organization,]

“holding” means all the agricultural land owned by one business that is situated within one parish, or, if the land is contiguous, in a neighbouring parish,

“official”, in relation to any testing or other activity described in this schedule, means carried out by or performed by the Scottish Ministers, and “officially” is to be construed accordingly,

“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species of the genus Solanum L.,

“Potato Cyst Nematode” means any cyst-forming nematode of the species Globodera pallida Stone Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes, including any strain or pathotype of any such nematode,

“Potato Ring Rot” means either the disease of potatoes which is caused by the bacterium Clavibacter michiganensis (Smith) Davis et al. spp. Sependonicus (Spieckermann and Kotthof) Davis et al. or that bacterium, as the context requires,

“Potato Wart Disease” means either the disease of potatoes which is caused by the fungus Synchytrium endobioticum (Schilbersky) Percival or that fungus, as the context requires,

“pre-basic seed potatoes” has the meaning given by regulation 2(1) of the Seed Potatoes Regulations,

“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon,

“sampling unit” means [F4a field or Part of a field formed with recognisable boundaries on at least two opposing sides],

“seed” means seed in the botanical sense other than seed not intended for planting,

“seed potato” means any potato intended for planting,

“Seed Potatoes Regulations” means the Seed Potatoes (Scotland) Regulations 2015 M1.

Textual Amendments

Commencement Information

I1Sch. 2 para. 1 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M1S.S.I. 2015/395, as last amended by S.S.I. 2019/59.

PART 2SGeneral provisions relating to the planting of certain solanaceous species

General restrictions on the planting of potatoesS

2.—(1) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes or any potatoes produced from potatoes, which have been grown in a third country other than [F5any third country to which the prohibition in Article 40(1) of the Plant Health Regulation does not apply].

(2) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes unless—

[F6(a)they derive in direct line from potato material which has been obtained under an approved programme for the certification of potatoes which has been officially approved by a competent authority or a CD authority,]

(b)they have been found to be free from Potato Ring Rot in official tests using the methods set out in [F7EPPO PM 7/59],

(c)they have been found to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. in official tests using the methods set out in [F8EPPO PM 7/21].

(3) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes other than—

(a)potatoes which may be marketed in Scotland under the Seed Potatoes Regulations,

(b)one year's direct progeny of the potatoes referred to in head (a) where that direct progeny has been grown by that person.

(4) Any person who is involved in the planting of potatoes must retain and make available to a plant health inspector the following documents in relation to the potatoes—

(a)their official labels,

(b)the invoices or delivery notes for the potatoes,

(c)the crop inspection report issued under the Seed Potatoes Regulations, where potatoes, or their direct progeny, marketed or marketable under those Regulations were produced by the report holder.

(5) Sub-paragraphs (3) and (4) do not apply where—

(a)the area to be planted is less than 0.1 hectare, or

(b)the area is intended for the production of early potatoes.

(6) In sub-paragraph (5)(b), “early potatoes” means potatoes—

(a)which are harvested before they are completely mature,

(b)which are marketed immediately after they have been harvested, and

(c)whose skins can be easily removed without peeling.

Textual Amendments

Commencement Information

I2Sch. 2 para. 2 in force at 14.12.2019, see reg. 1(1)

Special MeasuresS

3.—(1) The special measures in sub-paragraph (2) apply to supress or control the spread of the plant pests referred to in that sub-paragraph.

(2) The special measures are—

(a)in respect of Potato Wart Disease, those set out in Part 3 of this schedule,

(b)in respect of Potato Cyst Nematode, those set out in Parts 4 and 5 of this schedule,

(c)in respect of Potato Ring Rot, those set out in Part 6 of this schedule,

(d)in respect of Ralstonia solanacearum (Smith) Yabuuchi et al., those set out in Part 7 of this schedule.

(3) This paragraph is subject to any additional or stricter measures which a plant health inspector considers necessary under regulation 15 or 16.

Commencement Information

I3Sch. 2 para. 3 in force at 14.12.2019, see reg. 1(1)

Potato Cyst NematodeS

4.—(1) Seed potatoes and the plants listed in Part 5 of this schedule must not be planted unless they were grown in a sampling unit which has undergone an official soil test carried out in accordance with Part 4 of this schedule and no Potato Cyst Nematode was found.

(2) The official soil test referred to in sub-paragraph (1) must be carried out—

(a)in the period between the harvesting of the last crop in the sampling unit and the planting of the crop that requires the official soil test, F9...

(b)no more than four years prior to the planting of the crop that requires the official soil test, provided that evidence is available to show that no Potato Cyst Nematode was found and that potatoes or the plants listed in Part 5 of this schedule were not present at the time of the official soil test and have not been grown in the sampling unit since that official soil test [F10, and

(c)in accordance with EPPO PM 7/40 and EPPO PM 7/119.]

(3) Sub-paragraph (1) does not apply where—

(a)in the case of seed potatoes and the plants listed in [F11tables B and C of Part 5] of this schedule, they were—

(i)planted on the same holding where they were harvested, or

(ii)not grown in soil,

(b)in the case of plants listed in [F11tables B and C of Part 5] of this schedule, they have been washed or brushed until practically free of soil so that there is, to the satisfaction of a plant health inspector, no identifiable risk of Potato Cyst Nematode spreading, or

(c)in the case of plants listed in Part 5 of this schedule, official tests show that the sampling unit in which they were grown has been free of Potato Cyst Nematode for 12 years before they were planted, or there is evidence that no potatoes or plants listed Part 5 of this schedule have been grown in that sampling unit in the previous 12 years.

Textual Amendments

Commencement Information

I4Sch. 2 para. 4 in force at 14.12.2019, see reg. 1(1)

Official surveysS

5.  A plant health inspector must perform an official survey on sampling units used for the production of potatoes, other than those intended for the production of seed potatoes, in accordance with [F12Part 4 of this schedule].

Textual Amendments

Commencement Information

I5Sch. 2 para. 5 in force at 14.12.2019, see reg. 1(1)

[F135A.  An official survey conducted under this Part or Part 4 of this schedule shall be conducted on at least 0.5% of the acreage used in the relevant year for the production of seed potatoes.]

Textual Amendments

F146.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

PART 3SMeasures for the control of Potato Wart Disease

InterpretationS

7.—(1) For the purposes of this Part of this schedule, a plot of land is to be regarded as a contaminated plot if Potato Wart Disease is confirmed by an official test to be present on at least one plant that is growing or was grown on that plot.

(2) In this Part of this schedule, “Synchytrium endobioticum” means Synchytrium endobioticum (Schilbersky) Percival.

Commencement Information

I6Sch. 2 para. 7 in force at 14.12.2019, see reg. 1(1)

Official measures relating to contaminated plots of landS

8.—(1) A plant health inspector must in accordance with [F15this Part] demarcate any—

(a)contaminated plot, and

(b)a safety zone around that plot which is large enough to ensure the protection of the surrounding areas.

(2) A plant health inspector must serve a notice under regulation 15 requiring any potato tubers or haulms which are present on the contaminated plot, or which come from the contaminated plot, to be treated in such a way that the Potato Wart Disease present on them is destroyed.

(3) Where a plant health inspector is satisfied that any potato tubers or haulms are contaminated with Potato Wart Disease and the plant health inspector cannot determine whether those tubers or haulms have been present on a contaminated plot, the plant health inspector may serve a notice under regulation 15 which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of Potato Wart Disease spreading.

Textual Amendments

Commencement Information

I7Sch. 2 para. 8 in force at 14.12.2019, see reg. 1(1)

Prohibition on the planting of potatoes on contaminated plotsS

9.—(1) Where a contaminated plot is demarcated under paragraph 8(1) of this schedule [F16a plant health inspector must serve a notice under regulation 15 requiring that] —

(a)no potatoes may be grown on it, and

(b)no plants intended for transplanting may be grown, stored or moved on it.

(2) No person may grow potatoes in a safety zone demarcated under paragraph 8(1) of this schedule unless a plant health inspector is satisfied that they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot to which the safety zone relates.

(3) A potato variety is to be considered resistant to a particular race of Synchytrium endobioticum for the purposes of sub-paragraph (2) where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.

Textual Amendments

Commencement Information

I8Sch. 2 para. 9 in force at 14.12.2019, see reg. 1(1)

Revocation of the demarcation of a contaminated plotS

10.  Where a plant health inspector is satisfied that Synchytrium endobioticum is no longer present on a plot which was demarcated under paragraph 8(1) of this schedule or on its associated safety zone, the plant health inspector must revoke that demarcation.

Commencement Information

I9Sch. 2 para. 10 in force at 14.12.2019, see reg. 1(1)

PART 4SMeasures for the control of European populations of Potato Cyst Nematode

Standard sampling rate for official soil testS

11.  The official soil test referred to in paragraph 4(1) of this schedule must involve a soil sample of at least 1500 ml of soil per hectare (the “standard sampling rate”).

Commencement Information

I10Sch. 2 para. 11 in force at 14.12.2019, see reg. 1(1)

Lower sampling rate for official soil testS

12.  The standard sampling rate referred to in paragraph 11 of this schedule may be reduced to the lower sampling rate of 400 ml of soil per hectare (the “lower sampling rate”) if—

(a)neither potatoes nor the plants listed in table A in Part 5 of this schedule have been grown or been present in the sampling unit in the six years prior to the official soil test,

(b)no Potato Cyst Nematode has been found during the last two successive official soil tests carried out at the standard sampling rate and no potatoes or plants listed in table A in Part 5 of this schedule, other than those for which an official soil test is required, have been grown in the sampling unit after the first official soil test, or

(c)no Potato Cyst Nematode or dead cysts of Potato Cyst Nematode have been found in the most recent official soil test carried out at the standard sampling rate and no potatoes or plants listed in table A in Part 5 of this schedule, other than those for which an official soil test is required, have been grown in the sampling unit since the last official soil test.

Commencement Information

I11Sch. 2 para. 12 in force at 14.12.2019, see reg. 1(1)

Official tests carried out before 1 July 2010S

13.  The results of other official tests carried out before 1 July 2010 may be considered as official soil tests as referred to in paragraph 12(b) and (c) of this schedule.

Commencement Information

I12Sch. 2 para. 13 in force at 14.12.2019, see reg. 1(1)

Further reduction of standard and lower sampling ratesS

14.  The standard sampling rate and the lower sampling rate may be further reduced as follows—

(a)in the case of the standard sampling rate, the first 8 hectares must be sampled at 1500 ml of soil per hectare, but may be reduced for each additional hectare to a minimum of 400 ml of soil per hectare, or

(b)in the case of the lower sampling rate, the first 4 hectares must be sampled at 400 ml of soil per hectare, but may be further reduced for each additional hectare to a minimum of 200 ml of soil per hectare.

Commencement Information

I13Sch. 2 para. 14 in force at 14.12.2019, see reg. 1(1)

Continued use of lower and reduced sampling ratesS

15.  The use of the lower and reduced sampling rates referred to in paragraphs 12 and 14 of this schedule may be continued in subsequent official soil tests until Potato Cyst Nematode is found in the sampling unit concerned.

Commencement Information

I14Sch. 2 para. 15 in force at 14.12.2019, see reg. 1(1)

Minimum size of soil sampleS

16.  The minimum size of the soil sample in all cases is 100 ml of soil per sampling unit.

Commencement Information

I15Sch. 2 para. 16 in force at 14.12.2019, see reg. 1(1)

Action following official soil test or official surveyS

17.  Following the official soil test referred to in paragraph 4(1) of this schedule, or an official survey referred to in paragraph 5 of this schedule, a plant health inspector must—

(a)serve a notice on the occupier or other person in charge of the premises officially recording that the sampling unit is infested with Potato Cyst Nematode, or

(b)officially record that no Potato Cyst Nematode was found in the sampling unit.

Commencement Information

I16Sch. 2 para. 17 in force at 14.12.2019, see reg. 1(1)

Notice that sampling unit is infested with Potato Cyst NematodeS

18.  Subject to paragraph 19 of this schedule, a notice under paragraph 17(a) of this schedule officially recording that the sampling unit is infested with Potato Cyst Nematode must contain the following restrictions—

(a)no potatoes may be planted in the sampling unit,

(b)no plants listed in table A in Part 5 of this schedule, intended for replanting, may be planted or stored in the sampling unit,

(c)no plants listed in table B in Part 5 of this schedule, intended for replanting, may be planted in the sampling unit unless they have been washed or brushed until practically free of soil so that there is, to the satisfaction of a plant health inspector, no identifiable risk of Potato Cyst Nematode spreading, and

(d)no plants listed in table C in Part 5 of this schedule may be planted in the sampling unit.

Commencement Information

I17Sch. 2 para. 18 in force at 14.12.2019, see reg. 1(1)

Sampling units infested with Potato Cyst Nematode: planting of potatoes not intended for production of seed potatoesS

19.  In the case of sampling units that are officially recorded as infested with Potato Cyst Nematode, the planting of potatoes, not intended for the production of seed potatoes, may be authorised by a plant health inspector by a notice in writing served on the occupier or other person in charge of the premises.

Commencement Information

I18Sch. 2 para. 19 in force at 14.12.2019, see reg. 1(1)

Notice authorising planting of potatoes not intended for production of seed potatoes in sampling units infested with Potato Cyst NematodeS

20.  Any notice served under paragraph 19 of this schedule must be in accordance with the terms of the official control programme aimed at the suppression of Potato Cyst Nematode F17... published from time to time by the Division of the Scottish Government Agriculture and Rural Economy Directorate known as SASA (formerly known as Science and Advice for Scottish Agriculture).

Textual Amendments

Commencement Information

I19Sch. 2 para. 20 in force at 14.12.2019, see reg. 1(1)

Notice of contaminationS

21.  A plant health inspector must by notice in writing designate as contaminated any potatoes or plants listed in Part 5 of this schedule which—

(a)have come from a sampling unit officially recorded under paragraph 17 of this schedule as infested with Potato Cyst Nematode, or

(b)have come into contact with soil in which Potato Cyst Nematode was found.

Commencement Information

I20Sch. 2 para. 21 in force at 14.12.2019, see reg. 1(1)

Prohibitions following issue of notice of contaminationS

22.  Where any potatoes or plants listed in Part 5 of this schedule have been designated as contaminated under paragraph 21 of this schedule—

(a)in the case of seed potatoes and the plants listed in table A in Part 5 of this schedule, these must not be planted unless they have been disinfested to the satisfaction of a plant health inspector so that there is no risk of Potato Cyst Nematode spreading,

(b)in the case of plants listed in table B in Part 5 of this schedule, these must not be planted unless they have been washed or brushed until practically free of soil so that there is no identifiable risk of Potato Cyst Nematode spreading,

(c)in the case of plants listed in table C in Part 5 of this schedule, these must not be planted, and

(d)in the case of potatoes intended for industrial processing or grading, these must not be moved except in accordance with an authorisation given under paragraph 23 of this schedule.

Commencement Information

I21Sch. 2 para. 22 in force at 14.12.2019, see reg. 1(1)

Notice of contamination: authorisation for movement of potatoes for industrial processing or gradingS

23.  A plant health inspector may authorise the movement of potatoes designated as contaminated under paragraph 21 of this schedule for the purposes of industrial processing or grading providing that such authorisation—

(a)is given by notice in writing, and

(b)requires the potatoes to be delivered to a processing or grading plant that has appropriate and officially approved waste disposal procedures that ensure that there is no risk of Potato Cyst Nematode spreading.

Commencement Information

I22Sch. 2 para. 23 in force at 14.12.2019, see reg. 1(1)

Notices of infestation or contamination: revocationS

24.  A notice under paragraph 17(a) or 19 of this schedule may be revoked if, following a further official soil test, no Potato Cyst Nematode is found in the sampling unit after 6 years from —

(a)the date of the last official soil test confirming the presence of Potato Cyst Nematode, or

(b)the harvesting of the last potato crop in the sampling unit.

Commencement Information

I23Sch. 2 para. 24 in force at 14.12.2019, see reg. 1(1)

Further investigationsS

25.  If any suspected occurrence or confirmed presence of Potato Cyst Nematode in Scotland results from a breakdown or change in the effectiveness of a resistant potato variety which relates to an exceptional change in the composition of nematode species, pathotype or virulence group, the Scottish Ministers must ensure that this occurrence is investigated and, where applicable, the pathotype and virulence group of the Potato Cyst Nematode involved is confirmed by appropriate methods.

Commencement Information

I24Sch. 2 para. 25 in force at 14.12.2019, see reg. 1(1)

PART 5SPotato Cyst Nematode - species to which controls apply

Commencement Information

I25Sch. 2 Pt. 5 in force at 14.12.2019, see reg. 1(1)

Table A

Host plants with roots:Capsicum spp.,
Lycopersicon lycopersicum (L.) Karsten ex Farw.,
Solanum melongena L.

Table B

Other plants with roots:Allium porrum L.,
Beta vulgaris L.,
Brasssica spp.,
Fragaria L.,
Asparagus officinalis L.

Table C

Bulbs, tubers and rhizomes, not washed or brushed until practically free of soil so that there is no identifiable risk of Potato Cyst Nematode spreading, grown in soil and intended for planting, other than those for which there must be evidence by their packaging or by other means that they are intended for sale to final consumers not involved in professional plant or cut flower production:Allium ascalonicum L.,
Allium cepa L.,
Dahlia spp.,
Gladiolus Tourn. Ex L.,
Hyacinthus spp.,
Iris spp.,
Lilium spp.,
Narcissus L.,
Tulipa L.

PART 6SMeasures for the control of Potato Ring Rot

InterpretationS

26.  In this Part of this schedule “specified plant material” means tubers or plants of Solanum tuberosum L.

Commencement Information

I26Sch. 2 para. 26 in force at 14.12.2019, see reg. 1(1)

Official surveys and testingS

27.—(1) The Scottish Ministers must ensure that systematic official surveys for Potato Ring Rot are carried out in Scotland on tubers of Solanum tuberosum L. and, where appropriate, on plants of Solanum tuberosum L.F18....

[F19(1A) In the case of tubers of Solanum tuberosum L., those surveys must include official testing of samples of seed and other potatoes in accordance with EPPO PM 7/59.

(1B) In the case of plants of Solanum tuberosum L., those surveys must be carried out according to appropriate methods and include appropriate official testing of samples.

(1C) The collection of samples for the purposes of sub-paragraphs (1A) and (1B) must be based on sound scientific and statistical principles and the biology of Potato Ring Rot and take into account relevant potato production systems.]

(2) Where the presence of Potato Ring Rot in specified plant material is suspected, the Scottish Ministers must ensure that—

(a)official testing is carried out using the method set out in [F20EPPO PM 7/59] to confirm or refute its presence,

(b)the following are retained and appropriately conserved pending completion of the official testing—

(i)all tubers sampled, and wherever possible, all plants sampled,

(ii)any remaining extract and additional preparation material for the screening tests,

(iii)all relevant documentation, and

(c)pending the confirmation or refutation of its presence, where suspect diagnostic visual symptoms of Potato Ring Rot have been seen or symptoms of Potato Ring Rot have been identified by a positive immunofluorescence test or other appropriate positive test—

(i)the movement of all lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of Potato Ring Rot spreading,

(ii)steps are taken to trace the origin of the suspected occurrence, and

(iii)additional appropriate precautionary measures based on the level of estimated risk to prevent any spread of the plant pest are taken.

(3) A notice under regulation 15 may contain measures for the purposes of sub-paragraph (2)(c)(i) to (iii).

Textual Amendments

Commencement Information

I27Sch. 2 para. 27 in force at 14.12.2019, see reg. 1(1)

Measures to be taken following the confirmation of the presence of Potato Ring RotS

28.—(1) If the presence of Potato Ring Rot is confirmed in a sample of specified plant material following official testing carried out pursuant to paragraph 27(2)(a) of this schedule or sub-paragraph (2), the Scottish Ministers must ensure that—

(a)the specified plant material, the consignment or lot and any object from which the sample was taken and, where appropriate, the place of production and field from which the specified plant material was harvested are designated as contaminated by a plant health inspector,

(b)a plant health inspector determines the extent of the probable contamination through pre- or post-harvest contact or through any production link with anything designated as contaminated under head (a), [F21having regard to the following factors—

(i)the susceptible material grown at the contaminated place of production,

(ii)places of production with some production link to that susceptible material, including those sharing production equipment and facilities directly or through a common contractor,

(iii)the production or presence of other susceptible material at the contaminated place of production,

(iv)the premises handling potatoes from the contaminated place of production and the places of production mentioned in sub-head (ii),

(v)any object that may have come into contact with the contaminated susceptible material,

(vi)any susceptible material stored in, or in contact with, any object prior to its disinfection,

(vii)the susceptible material with a sister or parental clonal relationship to the contaminated susceptible material and the places of production of that susceptible material],

(c)a zone is demarcated by a plant health inspector on the basis of the designation made under head (a), taking into account the [F22proximity of other places of production growing potatoes or other host plants and the common production and use of seed potato stocks].

[F23(1A) When making a designation or determination under sub-paragraph (1), an inspector must have regard to sound scientific principles, the biology of Potato Ring Rot and relevant production, marketing and processing systems.]

(2) Where specified plant material has been designated as contaminated under sub-paragraph (1)(a), the Scottish Ministers must ensure that testing is carried out on potato stocks which are clonally related to that specified plant material in the manner specified in paragraph 27(2) of this schedule in order to determine the probable primary source of infection and the extent of the probable contamination.

(3) Any such testing must be carried out on as much specified plant material as is necessary to determine the probable primary source of infection and the extent of the probable contamination.

(4) Where any specified plant material or object is determined by a plant health inspector under sub-paragraph (1)(b) to be probably contaminated, the plant health inspector must designate that material or object as probably contaminated.

(5) Any designation by a plant health inspector under sub-paragraph (1)(a) or (4) must be made by notice served under regulation 15.

Textual Amendments

Commencement Information

I28Sch. 2 para. 28 in force at 14.12.2019, see reg. 1(1)

Restrictions in relation to specified plant material or objects contaminated or probably contaminated with Potato Ring RotS

29.—(1) Where specified plant material is designated by a plant health inspector to be contaminated with Potato Ring Rot in accordance with paragraph 28(1)(a) of this schedule—

[F24(a) a plant health inspector must serve a notice under regulation 15 requiring that no person may—

(i)knowingly plant that material, or

(ii)knowingly cause or permit that plant material to be planted, and

(b)the notice under regulation 15 must require that material to be disposed of in accordance with sub-paragraph (2)].

(2) Material can be required to be disposed of—

(a)by destruction, or

(b)by [F25an officially approved disposal method that ensures that there is no identifiable risk of Potato Ring Rot spreading].

(3) Where specified plant material is designated by a plant health inspector to be probably contaminated in accordance with paragraph 28(4) of this schedule, a plant health inspector must serve a notice under regulation 15 requiring that—

(a)no person may—

(i)knowingly plant that material, or

(ii)knowingly cause or permit that material to be planted, and

(b)the material must be used or disposed of [F26in a manner that ensures that there is no identifiable risk of Potato Ring Rot spreading].

(4) Where any machinery, vehicle, vessel, store or any part of such machinery, vehicle, vessel or store, or any object (including packaging material) has been designated by a plant health inspector as contaminated in accordance with paragraph 28(1)(a) of this schedule or as probably contaminated in accordance with paragraph 28(4) of this schedule, a plant health inspector must serve a notice under regulation 15 requiring that it is—

(a)disposed of by destruction, or

(b)cleansed and disinfected, such that there is no identifiable risk of Potato Ring Rot spreading.

(5) Anything cleansed and disinfected in accordance with sub-paragraph (4)(b) is no longer to be treated as contaminated for the purposes of [F27this Part].

Textual Amendments

Commencement Information

I29Sch. 2 para. 29 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice (general)S

30.  Where a place of production has been designated as contaminated by a plant health inspector in accordance with paragraph 28(1)(a) of this schedule, the plant health inspector must serve a notice under regulation 15 which complies with the applicable requirements of paragraphs 31 to 35 of this schedule.

Commencement Information

I30Sch. 2 para. 30 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice in relation to any field also designated as contaminatedS

31.  Subject to paragraph 34(1) of this schedule, where a place of production is designated by a plant health inspector as contaminated in accordance with paragraph 28(1)(a) of this schedule, the notice referred to in paragraph 30 of this schedule must require that, with regard to any field at that place, which has also been so designated, the measures referred to in paragraph 32(1) or (3) of this schedule apply.

Commencement Information

I31Sch. 2 para. 31 in force at 14.12.2019, see reg. 1(1)

Measures in relation to a contaminated place of productionS

32.—(1) The measures referred to in paragraph 31 of this schedule are—

(a)from the date of the receipt of the notice and for at least three growing years from the start of the next growing year—

(i)such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot, and

(ii)that the following must not be planted—

(aa)tubers, plants or true seeds of potato,

(bb)naturally found host plants of Potato Ring Rot, and

(cc)crops for which there is a risk of Potato Ring Rot surviving or spreading,

(b)in the first potato cropping season following the period referred to in head (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting, and that the harvested tubers are subjected to official testing using the method set out in [F28EPPO PM 7/59], and

(c)in the potato cropping season which follows that referred to in head (b) and following an appropriate rotation cycle (which must be at least two years where potatoes are planted for seed production), that basic seed potatoes or pre-basic seed potatoes may be planted, for seed or ware production.

(2) Where a plant health inspector serves a notice requiring the measures specified in sub-paragraph (1), the Scottish Ministers must ensure that an official survey is carried out in relation to the field in which potatoes mentioned in sub-paragraph (1)(c) are planted, in accordance with [F29EPPO PM 7/59].

(3) The measures referred to in paragraph 31 of this schedule are—

(a)from the date of receipt of the notice and for four growing years from the start of the next growing year—

(i)such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot, and

(ii)that the field must be maintained in bare fallow, permanent pasture with frequent close cutting or intensive grazing, and

(b)in the first potato cropping season following the period referred to in head (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for seed or ware production, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting, and that the harvested tubers are subjected to official testing using the method set out in [F30EPPO PM 7/59].

Textual Amendments

Commencement Information

I32Sch. 2 para. 32 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice in relation to fields other than those referred to in paragraph 31S

33.  Where a plant health inspector has designated a place of production as contaminated in accordance with paragraph 28(1)(a) of this schedule, the notice referred to in paragraph 30 of this schedule must require that with regard to any fields at that place other than those referred to in paragraph 31 of this schedule—

(a)in the cases where a plant health inspector is satisfied that the risk of volunteer potato plants and other naturally-found host plants of Potato Ring Rot has been eliminated, that from the date of receipt of the notice until the end of the next consecutive growing year, the following must not be planted—

(i)tubers, plants or true seed of potato,

(ii)naturally found host plants of Potato Ring Rot, or

(iii)pre-basic seed potatoes or basic seed potatoes, except for the production of ware potatoes only,

(b)in the second growing year following the period referred to in sub-paragraph (a) that basic seed potatoes or pre-basic seed potatoes officially tested for the absence of Potato Ring Rot and grown under official control at a place of production which is not designated by a plant health inspector as contaminated in accordance with paragraph 28(1)(a) of this schedule, may be planted, for seed or ware production,

(c)for at least the third growing year following the period referred to in sub-paragraph (a), that basic seed potatoes or pre-basic seed potatoes grown under official control may be planted, for seed or ware production, and

(d)from the date of receipt of the notice for the growing years referred to in sub-paragraphs (a), (b) and (c), measures must be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot and that official testing be carried out on harvested tubers in each field using the method set out in [F31EPPO PM 7/59].

Textual Amendments

Commencement Information

I33Sch. 2 para. 33 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminatedS

34.—(1) Where a plant health inspector has designated a place of production as contaminated in accordance with paragraph 28(1)(a) of this schedule and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit, the plant health inspector must serve a notice requiring that no person may plant in the unit any potato tubers, plants or true seeds without the written authority of a plant health inspector.

(2) A plant health inspector may not grant an authorisation under sub-paragraph (1) unless—

(a)all of the measures to eliminate Potato Ring Rot and to remove all host plants which are specified in a notice in relation to the place of production in which the unit of protected crop production is situated have been complied with,

(b)the growing medium in the unit has been completely changed, and

(c)the unit and all equipment used on the unit has been cleansed and disinfected to eliminate Potato Ring Rot and to remove all host plant material.

(3) The authorisation referred to in sub-paragraph (1) may require that where an authorisation is granted for potato production, production must be from basic seed potatoes and pre-basic seed potatoes or from mini-tubers or micro-plants derived from officially tested sources.

Commencement Information

I34Sch. 2 para. 34 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice under paragraph 30 requiring cleansing and disinfectingS

35.  Except where the Scottish Ministers have served a notice under paragraph 36(2) of this schedule, in cases where a place of production is designated by a plant health inspector to be contaminated in accordance with paragraph 28(1)(a) of this schedule, the notice referred to in paragraph 30 of this schedule may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato cropping season permitted by paragraph 32(1)(b) or (3)(b) of this schedule, all machinery and storage facilities at the place of production which are used for potato production must be cleansed and disinfected as appropriate in accordance with paragraph 29(4)(b) of this schedule.

Commencement Information

I35Sch. 2 para. 35 in force at 14.12.2019, see reg. 1(1)

Demarcated zoneS

36.—(1) This paragraph applies where a plant health inspector has demarcated a zone pursuant to paragraph 28(1)(c) of this schedule.

(2) The plant health inspector may, by notice, specify—

(a)how long the zone is to remain demarcated, and

(b)the measures which apply in the demarcated zone.

(3) A notice under sub-paragraph (2)—

(a)must be in writing,

(b)must describe the extent of the demarcated zone,

(c)must specify the date on which each measure takes effect,

(d)must be published in a manner appropriate to bring it to the attention of the public, and

(e)may be amended, suspended or revoked, in whole or in part, by further notice.

(4) Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this Part of this schedule, except where the part which is outside the demarcated zone is not in Scotland.

(5) A notice published in accordance with sub-paragraph (3)(d) is to be treated as having been served on—

(a)any occupier or other person in charge of any premises within the demarcated zone, and

(b)any person who operates machinery or carries out any other activity in relation to the production of potatoes within the demarcated zone.

(6) A notice under sub-paragraph (2) must specify that—

(a)any machinery or storage facilities at premises within the demarcated zone which are used for potato production must be cleansed and disinfected in an appropriate manner so that there is no identifiable risk of Potato Ring Rot surviving or spreading,

(b)during the specified period—

(i)only pre-basic seed potatoes or basic seed potatoes or seed potatoes grown under official control may be planted, and

(ii)any seed potatoes grown in a place of production which is possibly contaminated must be officially tested after harvesting, and

(c)during the specified period—

(i)potatoes intended for planting must be handled separately from all other potatoes at premises within the zone, or

(ii)a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes.

(7) The plant health inspector must ensure that during the specified period—

(a)premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by a plant health inspector,

(b)an official survey is carried out in accordance with [F32EPPO PM 7/59],

(c)a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

(8) For the purposes of sub-paragraphs (6) and (7), the “specified period” means the period specified in the notice, which must be at least three growing seasons following the year in which the relevant zone was demarcated.

Textual Amendments

Commencement Information

I36Sch. 2 para. 36 in force at 14.12.2019, see reg. 1(1)

PART 7SMeasures for the control of Ralstonia solanacearum (Smith) Yabuuchi et al.

InterpretationS

37.  In this Part of this schedule—

“specified plant material” means plants (including tubers), other than true seed, of Solanacearum tuberosum L., and plants, other than fruit or seeds, of Lycopersicon lycopersicum (L) Karsten ex Farw., and

“R. solanacearum” means Ralstonia solanacearum (Smith) Yabuuchi et al., the cause of Potato brown rot.

Commencement Information

I37Sch. 2 para. 37 in force at 14.12.2019, see reg. 1(1)

Official surveys and testingS

38.—(1) The Scottish Ministers must ensure that annual systematic official surveys are carried out to identify the presence of R. solanacearum on specified plant material originating in Scotland F33....

[F34(1A) Those surveys must be based on a risk assessment to identify other possible sources of contamination threatening the production of susceptible material and include targeted official surveys in production areas, based on the relevant risk assessment, to identify the presence of R. solanacearum on—

(a)relevant material, other than susceptible material,

(b)surface water which is used for irrigation or spraying of susceptible material, and

(c)liquid waste discharged from industrial processing or packaging premises handling susceptible material.

(1B) Those surveys must also be based on the biology of R.solanacearum and the relevant production systems and must include—

(a)in the case of susceptible material comprising plants of Solanum tuberosum L., visual inspection of the growing crop at appropriate times, or the sampling of both seed and other potatoes in the growing season or in store, which must include official visual inspection by cutting of tubers,

(b)in the case of seed potatoes and, where appropriate, other potatoes, official testing of samples using the method set out in EPPO PM 7/21,

(c)in the case of susceptible material comprising plants of Solanum lycopersicum L., visual inspection at appropriate times of at least the growing crop of plants intended for replanting for professional use,

(d)for host plants, other than susceptible material, and for water including liquid waste, official testing.

(1C) The collection of samples for the purposes of sub-paragraph (1B) must be based on sound scientific and statistical principles and the biology of R.solanacearum and take into account relevant potato production systems of susceptible material and other host plants of R.solanacearum.]

(2) Where the presence of R. solanacearum is suspected, the Scottish Ministers must ensure that—

(a)official testing is carried out to confirm or refute its presence—

(i)in the case of specified plant material, using the method set out in [F35EPPO PM 7/21],

(ii)in any other case, using any officially approved method,

(b)pending the confirmation or refutation of its presence, where suspect diagnostic visual symptoms of R. solanacearum have been seen and a positive result in a rapid screening test has been obtained or a positive result in the screening tests [F36referred to in EPPO PM 7/21] has been obtained—

(i)the movement of all plants and tubers from all crops, lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of R. solanacearum spreading,

(ii)steps are taken to trace the origin of the suspected occurrence, and

(iii)additional appropriate precautionary measures based on the level of estimated risk are taken to prevent any spread of R. solanacearum.

(3) A notice under regulation 15 may contain measures for the purposes of sub-paragraph (2)(b)(i) to (iii).

Textual Amendments

Commencement Information

I38Sch. 2 para. 38 in force at 14.12.2019, see reg. 1(1)

Measures to be taken following the confirmation of the presence of R. solanacearumS

39.—(1) If the presence of R. solanacearum is confirmed following official testing carried out pursuant to paragraph 38(2) of this schedule, the Scottish Ministers must ensure that the actions specified in sub-paragraphs (2) to (4) are taken in accordance with sound scientific principles, the biology of R. solanacearum and the relevant production, marketing and processing systems of host plants of R. solanacearum.

(2) In the case of specified plant material, the actions are—

(a)an investigation by a plant health inspector to determine the extent and the primary sources of the contamination [F37which includes investigation of the following—

(i)potatoes which are growing or have been harvested that are clonally related to any contaminated potatoes,

(ii)tomatoes which are growing or have been harvested that are from the same source as any contaminated tomatoes,

(iii)potatoes or tomatoes which are growing or have been harvested that are under official control and are suspected to be contaminated with R. solanacearum,

(iv)potatoes which are growing or have been harvested that are clonally related to any potatoes that have been grown at the contaminated place of production,

(v)potatoes or tomatoes which are growing nearby the contaminated place of production, including those sharing production equipment and facilities directly or through a common contractor,

(vi)surface water used for irrigation and spraying from any source confirmed or suspected to be contaminated with R. solanacearum,

(vii)surface water used for irrigation and spraying from a source used in common with the contaminated and possibly contaminated places of production,

(viii)places of production which are flooded or have been flooded with contaminated or possibly contaminated surface water,

(ix)surface water used for irrigation or spraying of the contaminated place of production or flooded fields at the contaminated place of production,]

(b)further official testing, including on all clonally related seed potato stocks,

(c)the designation of the following as contaminated by a plant health inspector—

(i)the specified plant material and consignment or lot from which the sample was taken,

(ii)any objects which have been in contact with that sample,

(iii)any unit or field of protected crop production and any place of production of the specified plant material from which the sample was taken,

(d)a determination by a plant health inspector of the extent of probable contamination through pre- or post-harvest contact, through production, irrigation or spraying links or through clonal relationship,

(e)the demarcation of a zone by a plant health inspector on the basis of the designation under head (c), the determination made under head (d) and the possible spread of R. solanacearum [F38having regard to the relevant factors].

(3) In the case of host plants, other than specified plant material, where the production of specified plant material is identified to be at risk by a plant health inspector, the actions are—

(a)an investigation by a plant health inspector to determine the extent and the primary sources of the contamination [F39which includes an investigation of the things referred to in sub-paragraph (2)(a)(i) to (ix)],

(b)the designation by a plant health inspector of host plants from which the sample was taken as contaminated,

(c)a determination of the probable contamination by a plant health inspector,

(d)the demarcation of a zone by a plant health inspector on the basis of the designation under head (b), the determination made under head (c) and the possible spread of R. solanacearum [F40having regard to the relevant factors].

(4) In the case of surface water and associated wild solanaceous host plants where production of specified plant material is identified by a plant health inspector to be at risk through irrigation, spraying or flooding of surface water, the actions are—

(a)an investigation by a plant health inspector to establish the extent of the contamination, which includes an official survey at appropriate times on samples of surface water and, if present, wild solanaceous host plants,

(b)the designation of surface water from which the sample was taken by a plant health inspector, to the extent appropriate and on the basis of the investigation under head (a),

(c)a determination by a plant health inspector of the probable contamination on the basis of the designation made under head (b),

(d)the demarcation of a zone by a plant health inspector on the basis of the designation under head (b), the determination made under head (c) and the possible spread of R. solanacearum [F41having regard to the relevant factors].

[F42(5) The “relevant factors” are—

(a)for the purposes of sub-paragraphs (2)(e) and (3)(d)—

(i)the proximity of other places of production growing susceptible material,

(ii)the common production and use of seed potato stocks,

(iii)places of production using surface water for irrigation or spraying of susceptible material where there is or has been a risk of surface water run-off from the contaminated place of production,

(b)for the purposes of sub-paragraph (4)(d)—

(i)places of production producing susceptible material adjacent to, or which are at risk from flooding by, contaminated surface water,

(ii)any discrete irrigation basin associated with the contaminated surface water,

(iii)water bodies connected with the contaminated surface water having regard to the direction and rate of flow of the contaminated surface water and the presence of wild solananceous host plants.]

Textual Amendments

Commencement Information

I39Sch. 2 para. 39 in force at 14.12.2019, see reg. 1(1)

Restrictions in relation to specified plant material or objects contaminated or probably contaminated with R. solanacearumS

40.—(1) Where specified plant material is designated by a plant health inspector to be contaminated with R. solanacearum in accordance with paragraph 39(2)(c) of this schedule [F43the plant health inspector must serve a notice under regulation 15 requiring that]—

(a)no person may—

(i)knowingly plant that material, or

(ii)knowingly cause or permit that plant material to be planted, and

(b)the material must be subjected to [F44an officially approved disposal method that ensures that there is no identifiable risk of R. solanacearum rot spreading].

(2) Where specified plant material is determined by a plant health inspector to be probably contaminated in accordance with paragraph 39(2)(d) of this schedule, a plant health inspector must serve a notice under regulation 15 requiring that—

(a)no person may—

(i)knowingly plant that material, or

(ii)knowingly cause or permit that material to be planted, and

(b)the material must be used or disposed of [F45by an officially approved disposal method that ensures that there is no identifiable risk of R. solanacearum rot spreading].

(3) A notice under regulation 15 must require that any machinery, vehicle, vessel, store, or any part of such machinery, vehicle, vessel or store and any other object, including packaging material designated by any plant health inspector to be contaminated in accordance with paragraph 39(2)(c) of this schedule, or probably contaminated in accordance with paragraph 39(2)(d) or (3)(c) of this schedule, must either be—

(a)disposed of by destruction, or

(b)cleansed and, where appropriate, disinfected, such that there is no identifiable risk of R. solanacearum surviving or spreading.

(4) Anything cleansed and, where appropriate, disinfected in accordance with sub-paragraph (3)(b) is no longer to be treated as contaminated for the purposes of [F46this Part].

Textual Amendments

Commencement Information

I40Sch. 2 para. 40 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice (general)S

41.  In relation to a place of production which has been designated by a plant health inspector as contaminated in accordance with paragraph 39(2)(c) of this schedule and which is in a zone which has been demarcated by a plant health inspector in accordance with paragraph 39(2)(e), (3)(d) or (4)(d) of this schedule, the plant health inspector must serve a notice under regulation 15 which complies with the applicable requirements of paragraphs 42 to 46 of this schedule.

Commencement Information

I41Sch. 2 para. 41 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice in relation to any field also designated as contaminatedS

42.  Subject to paragraph 45(1) of this schedule, where a place of production is designated by a plant health inspector as contaminated in accordance with paragraph 39(2)(c) of this schedule, the notice referred to in paragraph 41 of this schedule must require that, with regard to any field at that place, which has also been so designated, the measures referred to in paragraph 43(1) or (2) of this schedule apply.

Commencement Information

I42Sch. 2 para. 42 in force at 14.12.2019, see reg. 1(1)

Measures in relation to contaminated place of productionS

43.—(1) The measures referred to in paragraph 42 of this schedule are—

(a)from the date of the receipt of the notice and for at least four growing years from the start of the next growing year—

(i)such measures as may be required to eliminate volunteer potato or tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate, and

(ii)that the following must not be planted—

(aa)potato tubers, plants and true seeds,

(bb)tomato plants and seeds,

(cc)taking account of the biology of R. solanacearum, other host plants and plants of species of Brassica for which there is a risk of R. solanacearum surviving, or

(dd)crops for which there is a risk of R. solanacearum spreading,

(b)in the first potato or tomato cropping season following the period referred to in head (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for ware production only, provided that the field or unit of production has been found to be free, during official inspections, from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the two consecutive growing years prior to planting, and that harvested tubers or tomato plants are subjected to official testing using the method set out in [F47EPPO PM 7/21], and

(c)in the potato or tomato cropping season which follows that referred to in head (b), that there must be an appropriate rotation cycle which must be at least two years where basic seed potatoes or pre-basic seed potatoes are planted.

(2) The measures referred to in paragraph 42 of this schedule are—

(a)from the date of receipt of the notice and for five growing years from the start of the next growing year—

(i)such measures as may be required to eliminate volunteer potato and tomato plants as well as other naturally found host plants of R. solanacearum including solanaceous weeds as appropriate, and

(ii)that the field or unit of production must be maintained during the first three growing years—

(aa)in bare fallow,

(bb)in cereals if the plant health inspector is satisfied that there is no identifiable risk of R solanacearum spreading,

(cc)in permanent pasture with frequent close cutting or intensive grazing, or

(dd)as grass for seed production,

followed by planting in the succeeding two growing years with non-host plants of R. solanacearum for which there is no identified risk of that organism surviving or spreading, and

(b)in the first potato or tomato cropping season which follows the period referred to in head (a), if potatoes are to be planted, that only basic seed potatoes and pre-basic seed potatotes may be planted, and only for seed or ware production in circumstances where—

(i)the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of R. solanacearum, for at least the two consecutive growing years prior to planting, and

(ii)that harvested tubers or tomato plants have been subjected to official testing using the method set out in [F48EPPO PM 7/21].

Textual Amendments

Commencement Information

I43Sch. 2 para. 43 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice in relation to fields other than those referred to in paragraph 42S

44.  Where a place of production is designated by a plant health inspector as contaminated in accordance with paragraph 39(2)(c) of this schedule and with regard to any fields at that place other than those referred to in paragraph 42 of this schedule the plant health inspector is satisfied that the risk of volunteer potato and tomato plants and other naturally found host plants of R. solanacearum has been eliminated, the notice referred to in paragraph 41 of this schedule must require that with regard to such fields—

(a)from the date of receipt of the notice and for one growing year following the start of the next growing year—

(i)potato tubers, potato plants and true seeds and other host plants of R. solanacearum must not be planted save that potato tubers, basic seed potatoes or pre-basic seed potatoes may be planted for ware production only,

(ii)tomato plants grown from seed which meets the requirements of the F49... Plant Health Regulation may be planted, for fruit production only,

(b)in the first growing year following that specified in sub-paragraph (a)—

(i)if potatoes are to be planted, only basic seed potatoes or pre-basic seed potatoes officially tested for the absence of R. solanacearum and grown under official control at a place of production which is not designated by a plant health inspector as contaminated in accordance with paragraph 39(2)(c) of this schedule may be planted, for seed or ware production,

(ii)in the case of tomatoes, only tomato plants grown from seed which meets the requirements of the EU Plant Health Regulation or, if vegetatively propagated, from tomato plants produced from such seed and grown under official control at a place of production which is not designated by a plant health inspector as contaminated in accordance with paragraph 39(2)(c) of this schedule may be planted, for plant or fruit production,

(c)in the second growing year following that specified in sub-paragraph (a) and, where appropriate, in any subsequent growing year which may be specified in the notice—

(i)if potatoes are to be planted, only basic seed potatoes or pre-basic seed potatoes grown under official control from certified seed potatoes may be planted, for seed or ware production,

(ii)if tomatoes are to be planted, only tomato plants grown from seed which meets the requirements of the F50... Plant Health Regulation or tomato plants grown from such plants under official control may be planted, for plant or fruit production,

(d)from the date of the receipt of the notice and in each of the growing years referred to in this paragraph, measures must be taken to eliminate volunteer potato plants and other naturally found host plants of R. solanacearum as appropriate, and

(e)official inspections of growing crops at appropriate times and official testing of harvested potatoes are carried out in accordance with the method set out in [F51EPPO PM 7/21].

Textual Amendments

Commencement Information

I44Sch. 2 para. 44 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminatedS

45.—(1) Where a place of production is designated by a plant health inspector to be contaminated in accordance with paragraph 39(2)(c) of this schedule and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit, the notice referred to in paragraph 41 of this schedule must require that no person may plant in the unit any potato tubers, potato plants or true seeds or other host plants of R. solanacearum including tomato plants and seeds without the written authorisation of a plant health inspector.

(2) A plant health inspector may not grant an authorisation under sub-paragraph (1) unless—

(a)all of the measures to eliminate R. solanacearum and to remove all host plants which are specified in a notice in relation to the place of production in which the unit is situated have been complied with,

(b)the growing medium in the unit has been completely changed, and

(c)the unit and all equipment used on the unit has been cleansed and disinfected to eliminate R. solanacearum and to remove all host plant material.

(3) The authorisation referred to in sub-paragraph (1) may require that—

(a)where the authorisation is granted for potato production, production must be from basic seed potatoes and pre-basic seed potatotes or from mini-tubers or micro-plants derived from officially tested sources,

(b)where the authorisation is granted for tomato production, production must be from seed which meets the requirements of the F52... Plant Health Regulation or, if vegetatively propagated, from tomato plants produced from such seed and grown under official control, and

(c)controls on irrigation and spraying programmes, which may include a prohibition on such programmes, must be introduced as appropriate to prevent the spread of R. solanacearum.

Textual Amendments

Commencement Information

I45Sch. 2 para. 45 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice under paragraph 41S

46.  Except where the Scottish Ministers have published a notice under paragraph 47(1) of this schedule, where a place of production is designated by a plant health inspector to be contaminated in accordance with paragraph 39(2)(c) of this schedule, the notice referred to in paragraph 41 of this schedule must require that upon receipt of the notice and after the first subsequent growing year—

(a)all machinery and storage facilities at the place of production which are used for potato or tomato production must be cleansed and, where appropriate, disinfected in accordance with paragraph 40(3)(b) of this schedule, and

(b)such controls on irrigation and spraying programmes, which may include a prohibition on such programmes, must be introduced as the plant health inspector considers appropriate for the prevention of the spread of R. solanacearum.

Commencement Information

I46Sch. 2 para. 46 in force at 14.12.2019, see reg. 1(1)

Demarcated zonesS

47.—(1) The Scottish Ministers must, where it is considered necessary to ensure that any provision of sub-paragraph (5) is complied with, make notice available to the public, by such measures as they consider appropriate, of the demarcation under paragraphs 39(2)(e), (3)(d) or (4)(d) of this schedule of any zone and such notice must—

(a)subject to head (b), include a declaration that the provisions of sub-paragraph (5) apply in the demarcated zone with effect from the date which is specified in the notice, and

(b)where appropriate, specify those areas of surface water within the zone to which the prohibition on irrigation and spraying in sub-paragraph (5) is to apply.

(2) The zone remains demarcated for the purposes of this Part of this schedule until such date as may be specified in the notice referred to in sub-paragraph (1) or in any further notice relating to the demarcated zone which a plant health inspector may issue varying the controls in the demarcated zone or its extent or ending it.

(3) For the purposes of this Part of this schedule, a notice made available to the public in accordance with sub-paragraph (1) is deemed to have been served on—

(a)any occupier or other person in charge of any premises within the demarcated zone,

(b)any person—

(i)with a right to use any surface water, or

(ii)who has on premises in their occupation or of which they have charge any surface water, designated as contaminated pursuant to sub-paragraph (5)(b), and

(c)any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.

(4) Any premises which are partly inside and partly outside a demarcated zone are deemed to be wholly inside that zone for the purposes of this Part of this schedule, except where the part which is outside the demarcated zone is not in Scotland.

(5) When a declaration has been made pursuant to sub-paragraph (1) that the provisions of this paragraph apply—

(a)where the zone has been demarcated in accordance with paragraph 39(2)(e) or 39(3)(d) of this schedule—

(i)machinery and storage facilities at premises within the zone which are used for growing, storing or handling potato tubers or tomatoes within the zone and premises within the zone from which machinery for potato and tomato production is operated under contract, must be cleansed and, where appropriate, disinfected in accordance with paragraph 40(3)(b) of this schedule,

(ii)with regard to potato crops in the zone, only basic seed potatoes and pre-basic seed potatoes grown under official control may be planted,

(iii)during the specified period seed potatoes must be handled separately from all other potatoes at all premises within the zone, or a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes, and

(iv)with regard to tomato crops in the zone, during the specified period only tomato plants grown from seed which meets the requirements of the F53... Plant Health Regulation or, if vegetatively propagated, tomato plants produced from such seed and grown under official control may be planted,

(b)where surface water has been designated by a plant health inspector as contaminated in accordance with paragraph 39(4)(b) of this schedule—

(i)the use of water designated as contaminated for the irrigation and spraying of specified plant material and where appropriate, other host plants, is prohibited without the written authorisation of a plant health inspector, and

(ii)if liquid waste discharges have been contaminated, the disposal of waste from industrial processing or packaging premises which handle specified plant material must be carried out under the supervision of a plant health inspector.

(6) The Scottish Ministers must ensure that during the specified period—

(a)premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by plant health inspectors,

(b)an official survey is carried out in accordance with [F54EPPO PM 7/21],

(c)a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

(7) For the purposes of sub-paragraphs (5) and (6), “the specified period” means the period specified in the notice referred to in sub-paragraph (1), which must be at least three growing seasons following the year in which the relevant zone was demarcated.

Textual Amendments

Commencement Information

I47Sch. 2 para. 47 in force at 14.12.2019, see reg. 1(1)

[F55PART 8SMeasures relating to potatoes originating in Egypt

Textual Amendments

48.—(1) In this paragraph, “potatoes originating in Egypt” means any tubers of Solanum tuberosum L., grown in Egypt, which are introduced into [F56Great Britain] under [F57Article 41(1) of the Plant Health Regulation].S

(2) Subject to sub-paragraph (3), no professional operator may—

(a)move any [F58potatoes originating in Egypt] within Scotland unless they are labelled to indicate that they originate in Egypt,

(b)carry out in the course of business any treatment, including washing, of potatoes originating in Egypt other than in premises that the Scottish Ministers have approved in writing for that purpose.

(3) Sub-paragraph (2) does not apply to the packing or preparation of potatoes in a shop, restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) for delivery to the final consumer.

(4) On having reasonable grounds for suspecting a contravention or likely contravention of sub-paragraph (2), a plant health inspector may exercise the powers conferred by regulation 15 as if a potato originating in Egypt was, within the meaning of regulation 14, prohibited material which the inspector suspects to be present or likely to be present, or which the inspector has become aware is present, on any premises for the purposes of that regulation.]

Textual Amendments

Regulation 37(1)(e) to (g)

SCHEDULE 3SOffences: relevant provisions in the [F59Plant Health Regulation, Official Controls Regulation and other [F60assimilated] legislation]

Textual Amendments

PART 1SThe F61... Plant Health Regulation

Textual Amendments

Commencement Information

I48Sch. 3 Pt. 1 in force at 14.12.2019, see reg. 1(1)

Provision of the F62... Plant Health RegulationSubject matter
Article 5(1) (as read with Article 8(1))Prohibits the introduction of a [F63GB quarantine] pest into [F64Great Britain], the movement of a [F63GB quarantine] pest within [F64Great Britain] or the holding, multiplication or the release of [F63GB quarantine] pest in [F64Great Britain] M2.
Article 9(3) (as read with Article 33(1))

Requires professional operators immediately to notify competent authorities of any evidence they may have concerning an imminent danger of the entry of:

–a [F65GB] quarantine pest or a [F66provisional GB quarantine pest] into [F67Great Britain] or into a part of [F67Great Britain] where it is not yet present, or

–a [F68PFA] quarantine pest into the [F69GB pest-free area established in respect of that pest] M3.

Article 14(1) (as read with Articles 16 and 33(1))

Requires a professional operator who suspects or becomes aware that:

–a [F70GB quarantine pest or provisional GB quarantine pest] is present in plants, plant products or other objects which are under the operator's control,

–a [F71PFA] quarantine pest is present in plants, plant products or other objects which are under the operator's control in the [F72GB pest-free area established in respect of that pest],

immediately to notify the competent authority and take precautionary measures to prevent the establishment and spread of the pest.

Article 14(3) (as read with Article 33(1))

Requires a professional operator:

–to consult the competent authority where the professional operator has received an official confirmation concerning the presence of a [F73GB] quarantine pest in plants, plant products or other objects which are under the operator's control, and

–where applicable, proceed with the actions required under Article 14(4) to (7).

Article 15(1) (as read with Articles 15(2), 16 and 33(1))

Requires a person who is not a professional operator immediately to notify the competent authority where the person becomes aware of, or has reason to suspect:

–the presence of a [F74GB] quarantine pest,

–the presence of a [F75PFA] quarantine pest in the [F76GB pest-free area established in respect of that pest].

Article 32(2)Prohibits the introduction of a [F77PFA quarantine] pest into the [F78GB pest-free area established in respect of that pest], the movement of a [F77PFA quarantine] pest within the [F78GB pest-free area established in respect of that pest] or the holding, multiplication or the release of a [F77PFA quarantine] pest in the [F78GB pest-free area established in respect of that pest].
Article 37(1) (as read with Article 39 and Article 17 of [F79the Phytosanitary Conditions Regulation])Prohibits the introduction into [F80Great Britain] by a professional operator of a [F81GB] regulated non-quarantine pest on plants for planting through which it is transmitted, or the movement of a [F81GB] regulated non-quarantine pest within [F80Great Britain] by a professional operator on plants for planting through which it is transmitted M4.
[F82Article 41(1) (as read with Articles 47 and 48(1)) Prohibits the introduction into Great Britain of certain plants, plant products or other objects from third countries unless the special requirements in respect of those plants, plant products or other objects are fulfilled.
Article 41(1A) (as read with Article 48(1))Prohibits the introduction into Great Britain of certain plants, plant products or other objects from CD territories unless the special requirements in respect of those plants, plant products or other objects are fulfilled.
Article 41(1B) (as read with Article 48(1))Prohibits the movement within Great Britain of certain plants, plant products or other objects unless the special requirements in respect of those plants, plant products or other objects are fulfilled.]
Article 41(1) (as read with Articles 47 and 48(1) [F83and paragraphs 2B(3), and 4 (read with entry 2 in Table 1) of schedule 1])

Prohibits:

–the introduction into the Union territory of certain plants, plant products or other objects from third countries unless the special requirements in respect of those plants, plant products or other objects are fulfilled M5,

–the movement within the Union territory of certain plants, plant products or other objects from third countries or within the Union territory unless the special requirements in respect of those plants, plant products or other objects are fulfilled.

Article 42(2) (as read with Articles 47 and 48(1))Prohibits the introduction into [F84Great Britain] of high-risk plants, plant products or other objects from third countries M6.
Article 43(1)Prohibits the introduction into [F85Great Britain] of wood packaging material, whether or not actually in use in the transport of objects of all kinds, unless it fulfils the specified requirements or is subject to the exemptions provided for in ISPM 15.
Article [F8645(3)] (as read with Article 55)Requires postal services and professional operators involved in sales through distance contracts to make specified information available to their clients through the internet.
Article 53(1) (as read with Articles 57 and 58)

Prohibits:

–the introduction of certain plants, plant products or other objects originating from third countries into [F87GB pest-free areas],

–the introduction of certain plants, plant products or other objects originating [F88in Great Britain or a CD territory into GB pest-free areas] M7.

Article 54(1) (as read with Articles 57 and 58)

Prohibits:

–the introduction of certain plants, plant products or other objects into [F89GB pest-free areas] unless the special requirements in respect of [F90GB pest-free areas] are fulfilled,

–the movement of certain plants, plant products or other objects within [F89GB pest-free areas] unless the special requirements in respect of [F90GB pest-free areas] are fulfilled M8.

Article 59

Requires vehicles, machinery or packaging material used for:

–specified plants, plant products or other objects moving into or within [F91Great Britain], or through [F91Great Britain], to be free from [F92GB quarantine pests or provisional GB quarantine pests],

–specified plants, plant products or other objects moving into or within [F93GB pest-free areas], or [F94through GB pest-free areas], to be free from the [F95PFA] quarantine pests [F96relating to those areas].

Article 62(1)Requires a person responsible for a quarantine station or confinement facility to monitor the station or facility and its immediate vicinity for the unintended presence of [F97GB quarantine pests or provisional GB quarantine pests].
Article 62(2)Requires a person responsible for a quarantine station or confinement facility to, when an unintended presence of a pest referred to in Article 62(1) is found or suspected, take appropriate action based on the contingency plan referred to in point (e) of Article 61(1) and to comply with the obligations of professional operators in Article 14.
Article 64(1) (as read with Article 64(2))Prohibits the release of plants, plant products and other objects from quarantine stations or confinement facilities unless authorised by the competent authorities.
Article 66(1) [F83(as read with Article 65(3))]Requires certain professional operators to submit an application for registration to the competent authorities.
Article 66(5) [F83(as read with Article 65(3))]

Requires registered operators, where relevant:

–to submit an annual update concerning any changes in the data referred to in points (d) and (e) of Article 66(2) or in the statements referred to in points (b) and (c) of Article 66(2),

–to submit an application to update the data referred to in point (a) of Article 66(2) no later than 30 days after the change in that data.

Article 69(1) [F83(as read with Articles 65(3) and 69(3))]Requires a professional operator to whom plants, plant products or other objects are supplied that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator who supplied each trade unit.
Article 69(2) [F83(as read with Article 69(3))]Requires a professional operator who is supplying plants, plant products or other objects that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator to whom each trade unit was supplied.
Article 69(4)Requires professional operators to keep the records required pursuant to Article 69(1) to (3) for at least three years.
Article 70(1)Requires professional operators who are supplied with, or supply, the plants, plant products or other objects referred to in Article 69(1) and (2) to have in place traceability systems or procedures to allow identification of the movements of those plants, plant products and other objects within and between their own premises.
Articles 72(1) and 73 F98... Prohibits the introduction into [F99Great Britain] of certain plants, plant products and other objects from third countries unless they are accompanied by a phytosanitary certificate M9.
Article 74(1)Prohibits the introduction of certain plants, plant products and other objects from certain third countries into certain [F100GB pest-free areas] unless accompanied by a phytosanitary certificate M10.
Article 79(1) (as read with Articles 81, 82 [F101, 83 [F102, 92a and 95a(2)]])Prohibits the movement of certain plants, plant products and other objects within [F103Great Britain or the introduction of certain plants, plant products and other objects into Great Britain from a CD territory without a UK plant passport] M11.
Article 80(1) (as read with Articles 81, 82 [F104, 83 [F105, 92a and 95a(2)]])Prohibits the introduction of certain plants, plant products and other objects into [F106GB pest-free areas], or the movement of certain plants, plant products and other objects within [F106GB pest-free areas], without a [F107UK] plant passport M12.
Article 84(1)Prohibits professional operators from issuing [F108UK] plant passports unless they are authorised and from issuing [F108UK] plant passports for plants, plant products or other objects for which they are not responsible.
Article 84(3)Prohibits authorised professional operators from issuing plant passports except at specified premises, collective warehouses or dispatching centres, unless Article 94(1) applies.
Article 85 (as read with Article 87 [F83and paragraph 4 (read with entry 2 in Table 1) of schedule 1])Prohibits authorised professional operators from issuing [F109UK] plant passports for the movement within the Union of plants, plant products or other objects unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 86(1) (as read with Articles 86(2) and 87)Prohibits authorised professional operators from issuing [F110UK] plant passports for plants, plant products or other objects to be introduced into, or moved within, a [F111GB pest-free area] unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
[F112Article 86a Prohibits authorised professional operators from issuing UK plant passports for plants, plant products or other objects to be introduced into a CD territory unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.]
Article 88Requires professional operators to attach [F113UK] plant passports to the trade unit of the plants, plant products or other objects concerned, or where the plants, plant products or other objects are moved in a package, bundle or container, to that package, bundle or container.
Article 90(1)

Requires an authorised operator to:

–identify and monitor the points in its production process and certain other points concerning the movement of plants, plant products and other objects where the authorised operator intends to issue a [F114UK] plant passport in respect of those plants, plant products and other objects, and

–keep records concerning the identification and monitoring of those points for at least three years.

Article 90(2)Requires authorised operators to ensure that appropriate training is given to its personnel involved in the examinations referred to in Article 87.
Article 93(1)Prohibits authorised operators from issuing replacement [F115UK] plant passports unless certain conditions are fulfilled.
Article 93(5)Requires professional operators to retain [F116certain] plant passports or their contents for at least three years.
[F117Article 95a(1) Prohibits the introduction of a relevant NI trade unit into Great Britain from Northern Ireland unless it is accompanied by the plant passport which was required for its movement within Northern Ireland.]
Article 96(1)Prohibits the marking of wood packaging material, wood or other objects in [F118Great Britain] by any person who is not authorised in accordance with Article 98 or in any manner other than the manner required.
Article 97(1)Prohibits the repairing of wood packaging material by any person who is not authorised in accordance with Article 98 or in any manner other than the manner required.

Textual Amendments

Marginal Citations

M2Article 5(2), first subparagraph, of Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (“the EU Plant Health Regulation”) provides that the Commission shall, by means of an implementing act, establish a list of pests which fulfil the conditions listed in Article 3 of the EU Plant Health Regulation in respect of the Union territory (‘list of Union quarantine pests’). The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (“Commission Implementing Regulation (EU) 2019/2072”).

M3Article 32(3) of the EU Plant Health Regulation provides that the Commission shall, by means of an implementing act, establish a list of protected zones and the respective protected zone quarantine pests. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M4Article 37(2) of the EU Plant Health Regulation provides that the Commission shall, by means of an implementing act, establish a list setting out the Union regulated non-quarantine pests and the specific plants for planting, as referred to in point (d) of Article 36 of the EU Plant Health Regulation. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M5Article 41(2), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, adopt a list containing the plants, plant products and other objects and the corresponding special requirements as referred to in Article 41(1) of the EU Plant Health Regulation. That list shall, where applicable, include the third countries, groups of third countries or specific areas within third countries concerned. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M6The list of high risk plants, plant products and other objects to which the prohibition applies is set out in Annex 1 to Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2013 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation.

M7Article 53(2), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, adopt a list containing the plants, plant products and other objects as referred to in Article 53(1) of the EU Plant Health Regulation which are prohibited from being introduced into certain protected zones. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M8Article 54(2), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, adopt a list containing the plants, plant products and other objects, their respective protected zones and the corresponding special requirements for protected zones. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M9Article 72(1), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of an implementing act, establish a list of the plants, plant products and other objects, and their respective third countries of origin or dispatch, for which a phytosanitary certificate is required for introduction into the Union territory. Article 73 of the EU Plant Health Regulation provides that the Commission shall, by means of an implementing act, provide that for plants, other than plants included in the list referred to in Article 72(1) of the EU Plant Health Regulation, a phytosanitary certificate is required for introduction into the Union territory, and that a phytosanitary certificate is not required for those plants where an assessment, based on evidence about pest risks and experience with trade, demonstrates that such a certificate is not necessary. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M10Article 74(1), second subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, establish a list of those plants, plant products and other objects, and the respective third countries of origin or dispatch, referred to in the first subparagraph of Article 74(1) of the EU Plant Health Regulation. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M11Article 79(1), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, establish a list of those plants, plant products and other objects, for which a plant passport is required for their movement within the Union territory. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M12Article 80(1), second subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts establish a list of those plants, plant products and other objects for which a plant passport is required for their introduction into, and movement within, certain protected zones. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

PART 2SThe Official Controls Regulation

Modifications etc. (not altering text)

Commencement Information

I49Sch. 3 Pt. 2 in force at 14.12.2019, see reg. 1(1)

Provision of the Official Controls RegulationSubject matter
[F119Article 47(5) as read with Articles 5 and 7 of Commission Delegation Regulation (EU) 2019/2122 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and good exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011]F120Requires the operator responsible for a relevant consignment entering [F121Great Britain] to ensure that it is presented for official controls at the border control post of first arrival into [F121Great Britain].
Article 50(1)Requires the operator of a relevant consignment to which Article 47(1) applies to present the original official certificates or documents which are required to accompany the consignment to the competent authorities of the border control post.
Article 50(3)Prohibits the operator of a relevant consignment from splitting the consignment until official controls have been performed and the Common Health Entry Document has been finalised.
Article 56(1)Requires the operator of a relevant consignment to complete the relevant part of the Common Health Entry Document.
Article 56(4) (as read with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 on the prior notification of consignments of certain categories of animals and goods entering the Union M13 and regulation 7 of these RegulationsRequires the operator of a relevant consignment to give prior notification to the competent authorities of the border control post of arrival of the consignment before the physical arrival of the consignment in [F122Great Britain].

Textual Amendments

F120OJ No. L 321, 12,12,2019, p.45.

Marginal Citations

M13OJ L 165, 21.6.2019, p.8.

PART 3SOther [F123retained] EU legislation

Textual Amendments

Commencement Information

I50Sch. 3 Pt. 3 in force at 14.12.2019, see reg. 1(1)

Provision of [F124retained] EU legislationSubject matter
Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination
M14Article 3 (as read with Articles 4(a), 5(1)(b) and (d), 5(2)(a) and (c) and 6(a))Requires the operator responsible for a consignment to ensure that a Common Health Entry Document accompanies the consignment, irrespective of whether or not it is split, until it is released for free circulation in accordance with Article 57(2)(b) of the Official Controls Regulation.
[F125Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union
Article 5(a) and (b)Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to enter certain details in the common health entry document and submit the common health entry document.
Article 6Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to comply with the specified conditions relating to its transportation and storage.
Article 16(1) and (3)Requires the operator who is responsible for a transhipped relevant consignment to notify the specified information to competent authorities.
Article 22(4)Requires the operator who is responsible for a relevant consignment that is in transit through [F126Great Britain] to take specific measures relating to the transportation of the consignment.]
[F127Commission Delegated Regulation (EU) 2019/2123 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts]
[F127Article 2(1)(d), (e), (f), (g)(i) and (h) (as read with Article 2(2) and (3)), Article 5(1) (as read with Article 5(2), Article 6(1) and (4) and Article 8(2)) Requires the operator responsible for a consignment to comply with certain conditions where identity and physical checks on the consignment are to be performed at a control point other than a border control post]

Textual Amendments

Marginal Citations

M14OJ L 250, 30.9.2019, p.6.

Regulation 37

[F128SCHEDULE 3ASOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023

Textual Amendments

Provision of the Windsor Framework (Plant Health) Regulations 2023Subject matter
Regulation 9(3)Imposes requirements on authorised operators for the issuance of a Northern Ireland plant health label
Regulation 11(1) and (2)Requires authorised operators:
(a) to identify and monitor the points in their production process and the points concerning the movement of the relevant goods which are critical as regards compliance with regulation 12 and regulation 13 of the Windsor Framework (Plant Health) Regulations 2023, where they intend to issue a Northern Ireland plant health label; and
(b) to keep records concerning the identification and monitoring of those points for at least three years.
Regulation 11(3)Requires authorised operators to ensure that appropriate training is provided to its personnel involved in examinations.
Regulation 12Prohibits issuance of a Northern Ireland plant health label unless specified conditions are fulfilled, but breach of regulation 12 is only an offence where that label is issued by an authorised operator.
Regulation 14(1)Imposes requirements on authorised operators in relation to attaching a Northern Ireland plant health label.
Regulation 14(2)Imposes requirements on professional operators in relation to attaching a Northern Ireland plant health label.
Regulation 18(1) to 18(4)Imposes requirements on authorised operators and professional operators in relation to record keeping.
Regulation 18(5)Imposes requirements on professional operators to communicate information to the competent authority, on request.
Regulation 19(4)Imposes conditions in relation to issuance of a replacement Northern Ireland plant health label, but breach of regulation 19(4) is only an offence where that label is issued by an authorised operator.
Regulation 19(6) and (7)Imposes requirements on authorised operators in relation to retention of a replaced Northern Ireland plant health label or its content.
Regulation 20(2), (3), (5) and (7)Imposes requirements on professional operators in relation to invalidation and removal of a Northern Ireland plant health label.
Regulation 21Prohibits the despatch of consignments with a Northern Ireland plant health label to Northern Ireland by persons other than authorised operators and registered operators, and by authorised operators and registered operators unless specified conditions are fulfilled.]

Regulation 37(1)(h)

F129SCHEDULE 4SOffences: EU decisions relating to plant health

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 48

SCHEDULE 5SAmendments to secondary legislation

PART 1 SThe Marketing of Vegetable Plant Material Regulations 1995

1.—(1) The Marketing of Vegetable Plant Material Regulations 1995 M15 are amended as follows.S

(2) In regulation 2 (interpretation), in paragraph (1), after the definition of “Directive 2008/72/EC” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC M16;”.

(3) In regulation 8 (information to accompany plant material)—

(a)in paragraph (2), for “Council Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”,

(b)omit paragraph (5).

Commencement Information

I51Sch. 5 para. 1 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M15S.I. 1995/2652; relevant amending instruments are S.S.I. 2007/133, S.S.I. 2014/111 and S.S.I. 2018/391.

M16OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14 December 2019.

PART 2 SThe Marketing of Ornamental Plant Propagating Material Regulations 1999

2.—(1) The Marketing of Ornamental Plant Propagating Materials Regulations 1999 M17 are amended as follows.S

(2) In regulation 2 (interpretation), in paragraph (1)—

(a)omit the definition of “Directive 2000/29/EC”,

(b)before the definition of “inspector”, insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;”,

(c)after the definition of “the Minister”, insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M18;”.

(3) In regulation 6A (further provisions relating to propagating material of Palmae), in paragraph (4), in the definition of “responsible official body”, for the words from “either the” to the end substitute “ the Scottish Ministers ”.

(4) In regulation 7 (registration), for paragraph (4) substitute—

“(4) Registration of a supplier on the register of professional operators for the purposes of the EU Plant Health Regulation is deemed to constitute registration for the purposes of paragraph (1).”.

(5) In regulation 8 (measures to be taken by suppliers), in paragraph (3)—

(a)for the words from “plant pest” to “Order 2005” substitute “ controlled plant pest as defined in regulation 2(1) of the Plant Health Official Controls Regulations ”,

(b)for the words from “article 42” to “plant pests)” substitute “ the EU Plant Health Regulation ”.

(6) In regulation 9 (information on propagating material), in paragraph (2), for “Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”.

(7) In regulation 12 (propagating material produced in third countries), in paragraph (3), for the words from “article 9(1)” to the end substitute “ the EU Plant Health Regulation ”.

Commencement Information

I52Sch. 5 para. 2 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M17S.I. 1999/1801; relevant amending instrument is S.S.I. 2018/284.

M18S.S.I. 2019/[  ].

PART 3 SThe Forest Reproductive Material (Great Britain) Regulations 2002

3.—(1) The Forest Reproductive Material (Great Britain) Regulations 2002 M19 are amended as follows.S

(2) In regulation 2 (interpretation), in paragraph (2)—

(a)at the appropriate place insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;”,

(b)in the definition of “plant passport”, for “Plant Health (Forestry) Order 2005” substitute “ EU Plant Health Regulation ”.

Commencement Information

I53Sch. 5 para. 3 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M19S.I. 2002/3026; relevant amending instrument is S.I. 2014/1833.

PART 4 SThe Potatoes Originating in Egypt (Scotland) Regulations 2004

F1304.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

PART 5 SThe Plant Health (Potatoes) (Scotland) Order 2006

5.  In the Plant Health (Potatoes) (Scotland) Order 2006 M20, in article 2 (interpretation), in paragraph (1), in the definition of “inspector”, for the words from “a person” to the end substitute “ a plant health inspector for the purposes of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”.S

Commencement Information

I54Sch. 5 para. 5 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M20S.S.I. 2006/319, to which there are amendments not relevant to these Regulations.

PART 6 SThe Plant Health (Fees) (Scotland) Regulations 2008

6.—(1) The Plant Health (Fees) (Scotland) Regulations 2008 M21 are amended as follows.S

(2) In regulation 2 (interpretation)—

(a)omit the definition of “authority”,

(b)before the definition of “licence” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC M22;”,

(c)in the definition of “licence”, for the words from “a licence” to the end substitute—

“(a)a licence that was granted by the Scottish Ministers under article 40 or, as the case may be, article 41 of the Plant Health (Scotland) Order 2005 M23; or

(b)an authorisation described in regulations 20(1)(a) and (b) and 21(2) of the Plant Health Official Controls Regulations;”,

(d)omit the definition of “the 2005 Order”,

(e)omit the definition of “plant passport”,

(f)before the definition of “premises” insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M24;”.

(3) In regulation 5A (fees for potato cyst nematode testing), for the words from “article 39(8)” to “2005 Order” substitute “ paragraph 4 of schedule 2 (specific measures relating certain solanaceous species) of the Plant Health Official Controls Regulations ”.

(4) In schedule 1 (fees for inspections for plant passporting purposes), in column 1 of the table for “authority to issue plant passports” substitute “ authorisation to issue plant passports under Article 89 of the EU Plant Health Regulation ”.

Commencement Information

I55Sch. 5 para. 6 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M22O.J. L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14 December 2019.

M23S.S.I. 2005/613, as relevantly amended by S.S.I. 2008/300, S.S.I. 2011/1043, S.S.I. 2012/266 and S.S.I. 2013/187. S.S.I. 2005/613 is revoked by these Regulations, but transitional provisions at regulations 50(1) and 51(1) of these Regulations that licences granted under articles 40 and 41 of S.S.I. 2005/613 continue to have effect temporarily.

M24S.S.I. 2019/[ ].

PART 7 SThe Waste Management Licensing (Scotland) Regulations 2011

7.—(1) The Waste Management Licensing (Scotland) Regulations 2011 M25 are amended as follows.S

(2) In regulation 2 (interpretation), in paragraph (1), after the definition of “operational land” insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;”.

(3) In schedule 1 (activities exempt from waste management licensing)—

(a)in paragraph 30, in sub-paragraph (3), for the words from “article 32” to the end substitute “ regulation 10 (official measures in relation to non-compliant consignments or consignments which pose a risk to plant health) or 15 (notices to prevent the establishment or spread of plant pests) of the Plant Health Official Controls Regulations ”,

(b)in paragraph 46, in sub-paragraph (1)—

(i)in head (a), for the words from “article 32” to “Order 2005” substitute “ regulation 10 (official measures in relation to non-compliant consignments or consignments which pose a risk to plant health) or 15 (notices to prevent the establishment or spread of plant pests) of the Plant Health Official Controls Regulations ”,

(ii)in head (b), for the words from “article 31” to “Order 2005” substitute “ regulation 10 (official measures in relation to non-compliant consignments or consignments which pose a risk to plant health) or 15 (notices to prevent the establishment or spread of plant pests) of the Plant Health Official Controls Regulations ”.

Commencement Information

I56Sch. 5 para. 7 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M25S.S.I. 2011/228, to which there are amendments not relevant to these Regulations.

PART 8 SThe Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

8.—(1) The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 M26 are amended as follows.S

(2) In regulation 2 (interpretation), in paragraph (1)—

(a)after the definition of “the Directive” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;”,

(b)omit the definition “intended for planting”,

(c)after the definition of “normal working hours” insert—

““Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to rules referred to Article 1(2)(g) of that Regulation M27;”,

(d)in the definition of “plants”, for the words from “Article 2(1)(a)” to the end substitute “ Article 2 (definitions), point (1) of the EU Plant Health Regulation ”,

(e)in the definition of “plant products”, for the words from “Article 2(1)(b)” to the end substitute “ Article 2 (definitions), point (2), first sub-paragraph of the EU Plant Health Regulation ”.

(3) In regulation 3 (application of the import inspection fee), in paragraph (2)—

(a)in sub-paragraph (a), in head (i), for the words from “in Annex” to the end substitute “ in Part A of Annex 11 or in Annex 12 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 M28, as amended from time to time; ”,

(b)for sub-paragraph (b) substitute—

“(b)is subject to—

(i)official controls at a border control post in Scotland pursuant to Article 47(1) of the Official Controls Regulation; or

(ii)any agreement made under the provisions of any delegated act that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union, adopted by the Commission under Article 51(1) (specific rules for official controls at border inspection posts) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC.”.

(4) In regulation 5 (additional fees in respect of potatoes originating in Egypt and Lebanon)—

(a)in paragraph (1), omit “or (3)”,

(b)omit paragraph (3).

Commencement Information

I57Sch. 5 para. 8 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M26S.S.I. 2014/338, to which there are amendments not relevant to these Regulations.

M27OJ L 95, 7.4.2017, p.1, as last amended by Commission Delegated Regulation (EU) 2019/478 (OJ L 82, 25.3.2019, p.4) with effect from 14 December 2019.

M28OJ L 319, 10.12.2019, p.1.

PART 9 SThe Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

9.—(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 M29 are amended as follows.S

(2) In regulation 2 (interpretation)—

(a)in paragraph (1)—

(i)at the appropriate place insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

“the Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to rules referred to Article 1(2)(g) of that Regulation;”;

“WPM authorisation” means an authorisation referred to in Article 98(1) of the EU Plant Health Regulation;”,

(ii)in the definition of “approved place of inspection” for “article 3 of the Order” substitute “ regulation 13 of Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M30 ”,

(iii)for the definition of “controlled consignment” substitute—

““controlled consignment” means a consignment which—

(a)is introduced into Scotland from a third country; and

(b)consists of, or includes isolated bark or isolated wood of a type listed in Part A of Annex 11 or in Annex 12 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 M31, as amended from time to time, other than wood packaging material which is actually in use in the transport of objects of all kinds;”,

(iv)omit the definitions of “the Directive”, “documentary check” and “identity check”,

(v)for the definition of “licence” substitute—

““licence” means—

(a)a licence which was granted by the Forestry Commissioners or by the Scottish Ministers under article 38 or 39 of the Plant Health (Forestry) Order 2005 M32; or

(b)an authorisation described in regulation 20(1)(a) or (b) or 21 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;”,

(vi)omit the definitions of “the Order” and “plant health check”,

(vii)in the definition of “plant passport authority”—

(aa)for “authority”, in the second place where it occurs substitute “ authorisation ”,

(bb)at the end omit “granted by the Forestry Commissioners or the Scottish Ministers under article 28 of the Order”,

(viii)in the definition of “remedial notice”, for “served under article 31(1) or (4) or 33(3) of the Order” substitute “ served under regulations 8 or 15 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”,

(ix)in the definition of “remedial work”, for “article 32(1) of the Order” substitute regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019”,

(b)in paragraph (2), for “Order”, in both places where it occurs, substitute “ EU Plant Health Regulation or the Official Controls Regulation ”.

(3) In regulation 3 (fees)—

(a)in paragraph (2), after “activities” insert “ carried out by, or on behalf of Scottish Ministers ”,

(b)after paragraph (5) insert—

“(5A) The fee payable in connection with an application to the Scottish Ministers for a phytosanitary certificate or phytosanitary certificate for re-export is the fee specified in schedule 5A.

(5B) The fee payable in connection with an application to the Scottish Ministers for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation is the fee specified in schedule 5B.”,

(c)in paragraph (6), for “article 32(1) of the Order” substitute “ regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”.

(4) After schedule 5 (fees for the carrying out or monitoring of remedial work) insert—

Regulation 3(5A)

“SCHEDULE 5ASFees in connection with an application for a phytosanitary certificate or phytosanitary certificate for re-export

ServiceFee
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate or a phytosanitary certificate for re-export£15.00
The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time):

(a)up to and including the first hour;

£27.00

(b)thereafter, for each additional 15 minutes or part thereof

£7.50.

Regulation 3(5B)

SCHEDULE 5BSFees in connection with an application for a WPM authorisation

Type of applicationFee
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation£400.00
Application for a renewal of an existing WPM authorisation£120.00
Application for a re-assessment for the purposes a WPM authorisation£120.00”.

Commencement Information

I58Sch. 5 para. 9 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M29S.I. 2015/350, to which there are amendments not relevant to these Regulations. S.I. 2015/350 is also prospectively amended by S.S.I. 2019/130, from “exit day” within the meaning of section 20 of the European Union (Withdrawal) Act 2018 (c.16).

M30S.S.I. 2019/[   ]

M31OJ L 319, 10.12.2019, p. 1.

M32S.I. 2005/2517, as last relevantly amended by S.I. 2013/755. S.I. 2005/2517 is revoked by these Regulations, but transitional provisions at regulations 50(1) and 51(1) of these Regulations stipulate that licences granted under articles 38 and 39 of S.I. 2005/2517 continue to have effect temporarily.

PART 10 SThe Seed Potatoes (Scotland) Regulations 2015

10.—(1) The Seed Potatoes (Scotland) Regulations 2015 M33 are amended as follows.S

(2) In regulation 2 (interpretation), in paragraph (1)—

(a)after the definition of “Directive 2001/18/EC” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;”,

(b)after the definition of “package” insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M34;”.

(3) In regulation 10 (labelling of seed potatoes), for paragraph (8), substitute—

“(8) No person may, in marketing or preparing for marketing any seed potatoes, wilfully reproduce, remove, alter, deface, conceal or misuse in any way, any official label, or official document which has been attached to or contained within the package or container of such seed potatoes in accordance with this regulation, unless such action is in accordance with the requirements of—

(a)the Act;

(b)these Regulations;

(c)the EU Plant Health Regulation; or

(d)an Order made under the Plant Health Act 1967.”.

(4) In regulation 22 (consequential amendments), omit paragraph (2).

(5) In schedule 1 (conditions for certification and grading of Scottish seed potatoes)—

(a)in paragraph 4, for the words from “paragraph 1” to the end substitute “ paragraph 8 in Part 3 (measures for the control of Potato Wart Disease) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

(b)in paragraph 5, in sub-paragraph (1), in head (d), for the words from “article 39(3)” to “Order 2005” substitute “ paragraph 2(3) (general restrictions on the planting of potatoes) in Part 2 (general provisions relating to the planting of certain solanaceous species) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

(c)in paragraph 7, in sub-paragraph (b), for the words from “paragraph 7” to the end substitute “ paragraph 18 (notice that sampling unit is infested with Potato Cyst Nematode) in Part 4 (measures for the control of European populations of Potato Cyst Nematode) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

(d)in paragraph 11, in sub-paragraph (b), for the words from “paragraph 7” to the end substitute “ paragraph 18 (notice that sampling unit is infested with Potato Cyst Nematode) in Part 4 (measures for the control of European populations of Potato Cyst Nematode) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

(e)in paragraph 14, in sub-paragraph (b), for the words from “paragraph 7” to the end substitute “ paragraph 18 (notice that sampling unit is infested with Potato Cyst Nematode) in Part 4 (measures for the control of European populations of Potato Cyst Nematode) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”.

Commencement Information

I59Sch. 5 para. 10 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M33S.S.I. 2015/395, to which there are amendments not relevant to these Regulations.

M34S.S.I. 2019/[ ].

PART 11 SThe Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

11.—(1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 M35 are amended as follows.S

(2) In regulation 2 (interpretation), in paragraph (1), after the definition of “Directive 2001/18/EC” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;” .

(3) In regulation 8 (labelling, sealing and packaging), omit paragraph (5).

(4) In regulation 10 (registration of suppliers), in paragraph (6), for the words from “plant trader” to “2005” substitute “ professional operator for the purposes of the EU Plant Health Regulation ”.

Commencement Information

I60Sch. 5 para. 11 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M35S.S.I. 2017/177, to which there are amendments not relevant to these Regulations.

PART 12 SThe Plant Health (Export Certification) (Scotland) Order 2018

12.—(1) The Plant Health (Export Certification) (Scotland) Order 2018 M36 is amended as follows.S

(2) In article 2 (interpretation)—

(a)after the definition of “consignment” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC M37;”

(b)in the definition of “inspector”, for the words from “any person” to the end substitute “ a plant health inspector for the purposes of the Plant Health Official Controls Regulations; ”,

(c)in the definition of “phytosanitary certificate”, for the words from “articles 7” to the end substitute “ Article 100 of the EU Plant Health Regulation; ”,

(d)in the definition of “phytosanitary certificate for re-export”, for the words from “articles 7” to the end substitute “ Article 101 of the EU Plant Health Regulation; ”,

(e)after the definition of “phytosanitary certificate for re-export” insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;”,

(f)omit the definition of “principal plant health Order”.

(3) Omit article 3.

(4) Omit article 5.

(5) Omit article 6.

Commencement Information

I61Sch. 5 para. 12 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M37O.J. L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14 December 2019.

Regulation 49

SCHEDULE 6SRevocation of instruments

Commencement Information

I62Sch. 6 in force at 14.12.2019, see reg. 1(1)

Column 1 Instrument revokedColumn 2 ReferenceColumn 3 Extent of revocation
The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004S.I. 2004/1684The whole instrument
The Plant Health (Scotland) Order 2005S.S.I. 2005/613The whole instrument
The Plant Health (Forestry) Order 2005S.I. 2005/2517The whole instrument
The Plant Health (Scotland) Amendment Order 2006S.S.I. 2006/474The whole instrument
The Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006S.I. 2006/2695The whole instrument
The Plant Health (Forestry) (Amendment) Order 2006S.I. 2006/2696The whole instrument
The Plant Health (Scotland) Amendment Order 2007S.S.I. 2007/415The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2007S.S.I. 2007/498The whole instrument
The Plant Health (Scotland) Amendment Order 2008S.S.I. 2008/300The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2008S.S.I. 2008/350The whole instrument
The Plant Health (Forestry) (Amendment) Order 2008S.I. 2008/644The whole instrument
The Plant Health (Scotland) Amendment Order 2009S.S.I. 2009/153The whole instrument
The Plant Health (Forestry) (Amendment) Order 2009S.I. 2009/594The whole instrument
The Plant Health (Forestry) (Amendment) (No. 2) Order 2009S.I. 2009/3020The whole instrument
The Plant Health (Scotland) Amendment Order 2010S.S.I. 2010/206The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2010S.S.I. 2010/342The whole instrument
The Plant Health (Scotland) Amendment Order 2012S.S.I. 2012/266The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2012S.S.I. 2012/326The whole instrument
The Plant Health (Forestry) (Amendment) Order 2012S.I. 2012/2707The whole instrument
The Plant Health (Scotland) Amendment Order 2013S.S.I. 2013/5The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2013S.S.I. 2013/187The whole instrument
The Plant Health (Scotland) Amendment (No. 3) Order 2013S.S.I. 2013/366The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013S.I. 2013/2691The whole instrument
The Plant Health (Scotland) Amendment Order 2014S.S.I. 2014/140The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014S.I. 2014/2420The whole instrument
The Plant Health (Scotland) Amendment Order 2015S.S.I. 2015/10The whole instrument
The Plant Health (Scotland) Amendment Order 2016S.S.I. 2016/83The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016S.I. 2016/1167The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2017S.I. 2017/1178The whole instrument
The Plant Health (Scotland) Amendment Order 2018S.S.I. 2018/112The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2018S.S.I. 2018/283The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2018S.I. 2018/1048The whole instrument
The Plant Health (Miscellaneous Amendments) (Scotland) Order 2019S.S.I. 2019/242The whole instrument
The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019S.S.I. 2019/124Regulations 2 to 15
The Plant Health (Scotland) Amendment Order 2019S.S.I. 2019/290The whole instrument

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