The Plant Health (Scotland) Amendment (No. 2) Order 2008
2008 No. 350
PLANT HEALTH
The Plant Health (Scotland) Amendment (No. 2) Order 2008
Made 29th October 2008
Laid before the Scottish Parliament 30th October 2008
Coming into force 21th November 2008
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 19671, as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 19722, and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19723, and all other powers enabling them to do so.
The Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references to Commission Directive 2008/61/EC4to be construed as references to that instrument as amended from time to time.
Citation and commencement
1. This Order may be cited as the Plant Health (Scotland) Amendment (No. 2) Order 2008 and comes into force on 21st November 2008.
Amendments to the Plant Health (Scotland) Order 2005
2. The Plant Health (Scotland) Order 20055is amended in accordance with articles 3 to 7.
Amendment of article 2
3. In article 2 (general interpretation), paragraph (6), for “Any”, substitute “Unless otherwise stated, any”.
Amendment of article 41
4. In article 41 (licences for trial or scientific purposes and for work on varietal selections), paragraph (7)(b)6), immediately after “means Commission Directive 2008/61/EC”, insert “, as amended from time to time,”.
Amendment of Schedule 1
5. In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), Part A (plant pests not known to occur in any part of the European Community), in the section “Insects, mites and nematodes”–
(a) for item 4, substitute “Anoplophora chinensis (Forster)”; and
(b) omit item 6.
Amendment of Schedule 4
6.—(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)
(a) for item 417substitute–
“41. |
Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country. |
Without prejudice to the requirements in items 42 to 44, 46 to 48, 50, 55, 60, 64 and 66, the plants shall be accompanied by an official statement that: (a) no signs ofHelicoverpa armigera (Hübner) or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or (b) the plants have undergone appropriate treatment to protect them from the plant pests in paragraph (a).”. |
(b)
(b) after item 80 insert–
“81. |
Plants, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaster spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp., intended for planting, originating in any third country where Anoplophora chinensis (Forster) is known to occur. |
Without prejudice to the requirements in Schedule 3, Part A, items 4, 12 and 14 and Schedule 4, Part A, items 11, 12, 19, 20, 22, 23, 27, 28, 29, 30, 48, 50, 51, 52, 55, 60, 61, 64, 65 and 70 the plants shall be accompanied by an official statement– (a) that the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with ISPMNo. 4 (the name of the pest-free area to be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Place of origin”); or (b) that– (i) the plants have been grown during a period of at least two years prior to export in a place of production, which is registered and supervised by the national plant protection organisation in the country of origin, established as free fromAnoplophora chinensis (Forster) in accordance with ISPMNo. 10 and which has been subjected annually to two official inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; (ii) the plants have been grown in a site– (aa) with complete physical protection against the introduction ofAnoplophora chinensis (Forster); or (bb) with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 kilometres where official surveys for the presence or signs ofAnoplophora chinensis (Forster) are carried out annually at appropriate times and, where signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iii) immediately prior to export, consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis (Forster), in particular in roots and stems of the plants and where appropriate including destructive sampling.”. |
(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)–
(a)
(a) for item 238substitute–
“23. |
Plants, other than seeds, of Dendranthema (DC) Des Moul., Dia... |
To continue reading
Request your trial