Scottish Statutory Instruments
2009 No. 153
PLANT HEALTH
The Plant Health (Scotland) Amendment Order 2009
Made
22nd April 2009
Laid before the Scottish Parliament
23rd April 2009
Coming into force
15th May 2009
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967(1) as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972(2), and all other powers enabling them to do so.
Citation and commencement
1. This Order may be cited as the Plant Health (Scotland) Amendment Order 2009 and comes into force on 15th May 2009.
Amendments to the Plant Health (Scotland) Order 2005
2. The Plant Health (Scotland) Order 2005(3) is amended in accordance with articles 3 to 8.
Amendment of Article 2
3. In article 2(1) (general interpretation), for the definition of “Directive 2000/29/EC” substitute–
““Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(4);”.
Amendment of Schedule 1
4. In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), in Part A (plant pests not known to occur in any part of the European Community), in the section “Insects, mites and nematodes”–
(a)after item 11 insert “11a Dendrolimus sibiricus Tschetverikov”;
(b)for item 15 substitute “15 Diabrotica virgifera zeae Krysan & Smith”; and
(c)after item 26 insert “26a Rhynchophorus palmarum (L.)”.
5. In Schedule 1, Part B (plant pests known to occur in the European Community) in the section “Insects, mites and nematodes”, after item 1 insert “1a Diabrotica virgifera virgifera Le Conte”.
Amendment of Schedule 2
6.—(1) In Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), Part A (plant pests not known to occur in the European Community)–
(a)in the section “Insects, mites and nematodes”–
(i)after item 1 insert–
“1a
Plants, other than plants in tissue culture and seeds, intended for planting of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA
Agrilus planipennis Fairmaire”;
(ii)omit item 23; and
(iii)after item 26 insert–
“26a
Tubers of Solanum tuberosum L.
Scrobipalpopsis solanivora Povolny”;
(b)in the section “Bacteria” in the second column in item 4 omit “fruit or”;
(c)in the section “Fungi” after item 15 insert–
“15a
Plants, other than seeds, of Ulmus L. and Zelkova L., intended for planting.
Stegophora ulmea (Schweinitz: Fries) Sydow & Sydow”; and
(d)in the section “Viruses and virus-like organisms” after item 5 insert–
“5a
Plants, other than seeds, of Dendranthema (DC.) Des Moul. and Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting.
Chrysanthemum stem necrosis virus”.
(2) In Schedule 2, Part B (plant pests known to occur in the European Community) in the section “Insects, mites and nematodes”–
(a)after item 7 insert–
“7a
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, intended for planting.
Parasaissetia nigra (Nietner)”; and
(b)after item 11(5) insert–
“12
Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.
Paysandisia archon (Burmeister)”.
Amendment of Schedule 4
7.—(1) In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), Part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied)–
(a)after item 7 insert–
“7a
Plants, other than seeds and plants in tissue culture, of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., intended for planting, originating in Canada, China, Japan, Mongolia, the Republic of Korea, Russia, Taiwan and USA
The plants shall be accompanied by an official statement that they:
(a)
have been grown throughout their life in an area free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in accordance with ISPM No. 4; or
(b)
have, for a period of at least two years prior to export, been grown in a place of production where no signs of Agrilus planipennis Fairmaire have been observed during two official inspections per year carried out at appropriate times, including immediately prior to export.”;
(b)in item 11, for “requirements in items 60, 61 and 64” in column (3) substitute “provisions applicable to the plants in item 7”;
(c)after item 35 insert–
“35a
Tubers of Solanum tuberosum L., other than those intended for planting
Without prejudice to the provisions applicable to tubers listed in items 32 to 34, the plants shall be accompanied by an official statement that the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is not known to occur.
35b
Tubers of Solanum tuberosum L.
Without prejudice to the provisions applicable to tubers listed in items 32 to 35a, the plants shall be accompanied by an official statement that:
(a)
the tubers originate in a country where Scrobipalpopsis solanivora Povolny is not known to occur; or
(b)
the tubers originate in an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with ISPM No. 4.”;
(d)omit item 39;
(e)after item 43 insert–
“43a
Plants, other than seeds, of Dendranthema (DC.) Des Moul. and Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting.
Without prejudice to the requirements applicable to the plants listed in items 36, 37, 38, 41 to 43, the plants shall be accompanied by an official statement that:
(a)
the plants have been grown throughout their life in a country free from Chrysanthemum stem necrosis virus; or
(b)
the plants have been grown throughout their life in an area established by the national plant protection organisation in the country of export as being free from Chrysanthemum stem necrosis virus in accordance with ISPM No. 4; or
(c)
the plants have been grown throughout their life in a place of production, established as being free from Chrysanthemum stem necrosis virus and verified through official inspections and, where appropriate, testing.”; and
(f)after item 57a(6) insert–
“57b
Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera:
Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.
Without prejudice to the provisions applicable to the plants listed in items 57 and 57a, the plants shall be accompanied by an official statement that the plants:
(a)
have been grown throughout their life in a country where Paysandisia archon (Burmeister) is not known to occur; or
(b)
have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with ISPM No. 4; or
(c)
have, during a period of at least two years prior to export, been grown in a place of production:
which is registered and supervised by the national plant protection organisation in the country of origin; and
where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments, and
where, during three official inspections per year carried out at appropriate times, including immediately prior to export, no signs of Paysandisia archon (Burmeister) have been observed.”.
(2) In Schedule 4, Part B (relevant material, from another part of the European Community, which may only be landed in or moved within Scotland if special requirements are satisfied), after item 22 insert–
“22a
Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera:
Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.
The plants are accompanied by an official statement that the plants:
(a)
have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with ISPM No. 4; or
(b)
have, during a period of at least two years prior to movement, been grown in a place of production:
which is registered and supervised by the responsible official body in the Member State of origin, and
where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments, and
where, during three official inspections per year carried out at appropriate times, no signs of Paysandisia archon (Burmeister) have been observed.”.
Amendment of Schedule 6
8. In Schedule 6 (prohibitions on the landing in and movement within Scotland of relevant material without a plant passport), Part A (relevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport), after paragraph 7(c) insert–
“(ca)Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.;”.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
22nd April 2009
Explanatory Note
(This note is not part of the Order)
This Order amends the Plant Health (Scotland) Order 2005 (“the principal Order”) so as to implement Commission Directive 2009/7/EC amending Annexes I, II, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (O.J. No. L 40, 11.2.2009, p.12).
Articles 4 to 8 make various amendments to Schedules 1, 2, 4 and 6 to the principal Order so as to apply new restrictions on the introduction into Scotland of certain plants and plant pests. The following harmful organisms, which are so far not known to be present in the Community, have been added to the list of prohibited organisms:–
@AMP@ndash; Dendrolimus sibiricus (Siberian coniferous silk moth),
@AMP@ndash; Rhynchophorus palmarum (American palm weevil),
@AMP@ndash; Agrilus planipennis (Emerald ash borer) on plants of Fraxinus, Juglans mandshurica, Ulmus davidiana, Ulmus parvifolia and Pterocarya rhoifolia,
@AMP@ndash; Chrysanthemum stem necrosis virus on plants of Dendranthema and Lycopersicon lycopersicum,
@AMP@ndash; Scrobipalpopsis solanivora (Guatemalan potato moth) on tubers of Solanum tuberosum,
@AMP@ndash; Stegophora ulmea (Elm black spot) on plants of Ulmus and Zelkova, intended for planting other than seeds.
Amendments are also made to controls on pests which are known to be present in the community, namely–
@AMP@ndash; Parasaissetia nigra (Nietner) (Nigra scale); and
@AMP@ndash; Paysandisia archon (Burmeister) (Palm borer).
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. A Transposition Note has been provided.
(1)
1967 c. 8; sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48) and further amended by section 17(1) of the Criminal Justice Act 1991 (c. 53) and the Statute Law (Repeals) Act 1993 (c. 50), section 1(1) and Schedule 1, Part XIV. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
(2)
1972 c. 62.
(3)
S.S.I. 2005/613; amended by S.S.I. 2006/474, 2007/415 and 498 and 2008/300 and 350.
(4)
O.J. No. L 169, 10.7.2000, p.1, as last amended by Commission Directive 2009/7/EC, O.J. No. L 40, 11.2.2009, p.12.
(5)
Inserted by S.S.I. 2008/300.
(6)
Inserted by S.S.I. 2007/498.
