The Plant Health (Great Britain) Amendment (Scotland) Order 2004
2004 No. 440
PLANT HEALTH
The Plant Health (Great Britain) Amendment (Scotland) Order 2004
Made 7th October 2004
Laid before the Scottish Parliament 8th October 2004
Coming into force 11th November 2004
The Scottish Ministers, in exercise of the powers conferred by sections 2 and 3 of the Plant Health Act 19671and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and extent
1.—(1) This Order may be cited as The Plant Health (Great Britain) Amendment (Scotland) Order 2004 and shall come into force on 11th November 2004.
(2) This Order extends to Scotland only.
Amendment of The Plant Health (Great Britain) Order 1993
2.—(1) The Plant Health (Great Britain) Order 19932is amended in accordance with the following paragraphs of this article.
(2) In article 2(1) (interpretation)–
(a)
(a) for the definition of “Directive 2000/29/EC” substitute–
““Directive 2000/29/EC” means Council Directive 2000/29/EC3of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directives 2001/33/EC4of 8th May 2001, 2002/28/EC5of 19th March 2002, 2002/36/EC6of 29th April 2002, 2003/22/EC7of 24th March 2003, 2003/47/EC8of 4th June 2003, 2003/116/EC9of 4th December 2003, 2004/31/EC10of 17th March 2004, 2004/70/EC11of 28th April 2004 and Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded signed on 16th April 200312;”;
(b)
(b) for the definition of “the Euro Mediterranean area” substitute–
““the Euro Mediterranean area” means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and Turkey;”;
(c)
(c) for the definition of “Europe” substitute–
““Europe” includes the Canary Islands and Belarus, Moldova, the Ukraine and Russia (excluding the Regions of Buryat, Yakut and Tuva, the Altai, Khabarovsk, Drasnoyarsk and Maritime Krais and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and Tyumen Oblasts) but does not include Turkey;”;
(d)
(d) for the definition of “European Community” substitute–
““European Community” means the territories of the Member States including the Isle of Man and the Channel Islands but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;”;
(e)
(e) in the definition of “official statement” after “phytosanitary certificate” insert “or, in the case of imports from Switzerland of plants, plants products or other objects which are listed in Part A of Schedule 5A, by the issue of a Swiss plant passport”;
(f)
(f) for the definition of “plant passport” substitute–
““plant passport” means either–
(a) a label and, where appropriate, an accompanying document issued in the European Community containing the relevant information in Schedule 9 which gives evidence that the provisions of this Order relating to plant health standards and special requirements for plants and plant products moving within the European Community have been complied with; or
(b) except for the purposes of article 11(3) and article 14, a Swiss plant passport;”; and
(g)
(g) after the definition of “South America” insert–
““Swiss plant passport” means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation which–
(a) contains information that gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for plants and plant products moving into and within Switzerland have been complied with; and
(b) relates to a plant, plant product or other object listed in Part A of Schedule 5A;”.
(3) In article 3 (prohibition on importing into Great Britain from a third country plants, plant pests etc.) for paragraph (1)(e) substitute–
“(e)
“(e) subject to the provisions of paragraph (2) of this article, any plant, plant product or other object which is of a description specified in section I of Part B of Schedule 5 unless–
(i) it has been the subject of a satisfactory plant health inspection by an authorised officer in the country of origin or the consignor country and is accompanied by a valid phytosanitary certificate or, in the case of imports from Switzerland of plants, plant products or other objects which are listed in Part A of Schedule 5A, by a Swiss plant passport; or
(ii) in the case of imports from Switzerland, it is a plant, plant product or other object listed in Part B of Schedule 5A.”.
(4) In article 9 (official statements in respect of imported plants etc. from third countries) after “phytosanitary certificate” in each place where it occurs, insert “or, in the case of imports from Switzerland of plants, plant products or other objects which are listed in Part A of Schedule 5A, a Swiss plant passport”.
(5) In article 11 (provisions relating to the issue of phytosanitary certificates and subsequent plant passports), in paragraph (2), after “directly consigned to Great Britain” insert “or, in the case of consignments from Switzerland of plants, plant products or other objects which are listed in Part A of Schedule 5A, a Swiss plant passport”.
(6) In Schedule 1, Part B(a) (insects, mites and nematodes, at all stages of their development)–
(a)
(a) for item 1a13substitute–
“1a |
Daktulosphaira vitifoliae (Fitch) |
CY |
1b |
Globodera pallida (Stone) Behrens |
FI, LV, SI, SK”; and |
(b)
(b) in item 2 for the words in the second column substitute–
“E (Ibiza and Menorca), IRL, P (Azores and Madeira), FI (districts of Åland, Håme, Kymi, Pirkanmaa, Satakunta, Turku, Uusimaa), S (counties of Blekinge, Gotlands, Halland, Kalmar and Skåne), UK, CY, M”.
(7) In Schedule 1, Part B(d) (virus and virus like organisms) in item 1 for the words in the second column substitute–
“DK, F (Brittany), FI, IRL, LT, P (Azores), UK (Northern Ireland)”.
(8) In Schedule 2, Part A, Section 1(a) (insects, mites and nematodes, at all stages of their development) omit item 14.
(9) In Schedule 2, Part A, Section 2(a) (insects, mites and nematodes, at all stages of their development) after item 6 insert–
“6a |
Eutetranychus orientalis Klein |
Plants of Citrus L., Fortunella Swingle, Poncirus Raf, and their hybrids, other than fruit and seeds”. |
(10) In Schedule 2, Part A, Section 2(b) (bacteria) in item 3 for the words in the second column substitute–
“Plants ofAmelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L., intended for planting, other than seeds”.
(11) In Schedule 2, Part B(a) (insects, mites and nematodes, at all stages of their development) in item 5 for the words in the third column substitute–
“EL, P (Azores)”.
(12) In Schedule 2, Part B(b) (bacteria) for item 2 substitute–
“2 Erwinia amylovora(Burr.) Winsl. et al. |
Parts of plants, other than fruit, seeds and plants intended for planting, but including live pollen for pollination of AmelanchierMed., ChaenomelesLindl., CotoneasterEhrh., CrataegusL., CydoniaMill., EriobotryaLindl., MalusMill., MespilusL., Photinia davidiana (Dcne.)Cardot, PyracanthaRoem., PyrusL. and SorbusL. |
E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia Romagna: provinces of Forlí Cesena, Parma, Piacenza and Rimini; Friuli Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Trentino Alto Adige: autonomous province of Trento; Tuscany; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK (Northern Ireland, Isle of Man and Channel Islands)”. |
(13) In Schedule 2, Part B(d) (viruses and virus-like organisms) for the words in the third column substitute–
“EL, F (Corsica), I, M, P”.
(14) In Schedule 3, Part A (plants, plant products and other objects the introduction of which shall be prohibited in Great Britain)–
(a)
(a) in item 12, in the second column omit “Cyprus,” and “Malta”;
(b)
(b) in item 14 for the words in the second column substitute–
“Turkey, Belarus, Moldova, Russia, Ukraine, Georgia and third countries not belonging to continental Europe, other than the following: Algeria, Egypt, Israel, Libya, Morocco and Tunisia”; and
(c)
(c) in item 15 for the words in the second column substitute–
“Third countries other than Switzerland”.
(15) In Schedule 3, Part B (plants, plant products and other objects the introduction of which shall be prohibited in certain protected zones)–
(a)
(a) for item 1 substitute–
“1. Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(9), (9.1) and (18), where appropriate, plants and live pollen for... |
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