The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019
2019 No. 124
Exiting The European Union
Plant Health
The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019
Made 28th March 2019
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by—
(a) in relation to Part 1, the provisions mentioned in paragraphs (b) and (c),
(b) in relation to Part 2, section 2(2) of the European Communities Act 19721, and
(c) in relation to Parts 3 to 6, paragraph 1(1) and (3) of schedule 2 and paragraph 21 of schedule 7 of the European Union (Withdrawal) Act 20182.
In accordance with with paragraph 2(2) of schedule 2 of the European Communities Act 1972, and paragraph 1(6) of schedule 7 of the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
PART 1
Introductory
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 and come into force—
(a)
(a) as regards this Part and Part 2, on 29 March 2019, and
(b)
(b) as regards Parts 3 to 6, on exit day.
(2) Subject to paragraph (3), these Regulations extend to Scotland only.
(3) In so far as regulations 20, 24, 40, 42, 43, 51, 59 and 60 extend beyond Scotland, they do so only as a matter of Scots law.
PART 2
Miscellaneous provision
Amendment of the Plant Health (Scotland) Order 2005
2. The Plant Health (Scotland) Order 20053is amended in accordance with regulations 3 to 15.
3. In article 2(1) (general interpretation)—
(a) for the definition of “ Directive 98/57/EC” substitute—
““ Directive 98/57/EC” means Council Directive 98/57/ECon the control ofRalstonia solanacearum (Smith) Yabuuchi et al.4, as last amended by Commission Directive 2006/63/EC5;”,
(b) after the definition of” official statement” insert—
““Phytophthora ramorum” means Phytophthora ramorumWerres, De Cock & Man in’t Veld sp. nov.:”,
(c) for the definition of “Potato Cyst Nematode” substitute—
““Potato Cyst Nematode means” means any cyst-forming nematode of the speciesGlobodera pallidaStone Behrens or Globodera rostochiensis(Wollenweber) Behrens that infests and multiplies on potatoes or virulents group or pathotypes of such nematode;”
(d) after the definition of “third country” omit “and”, and
(e) after the definition of “USA” insert—
“and
“ware potato” means a potato, other than a seed potato”.
4. After article 31, insert—
“Duty to perform official surveys (Phytophthora ramorum).
31A. An inspector must perform an official survey for Phytophthora ramorum, including of both cultivated plants and uncultivated, or unmanaged, plants, to determine whether there is evidence of infestation by Phytophthora ramorum.”.
5. In article 39 (Miscellaneous provisions for certain solanaceous species)—
(a) in paragraph (6) omit “Part A of”,
(b) omit paragraph (7),
(c) in paragraph (9)—
(i) in the words before sub-paragraph (a), omit “either”, and
(ii) after sub-paragraph (a), for “or” substitute “and”,
(d) in paragraph (10)—
(i) at the end of sub-paragraph (a)(i), insert “or”,
(ii) at the end of sub-paragraph (a)(ii) omit “or”,
(iii) omit paragraph (a)(iii),
(e) in paragraph (11), for—
(i) “an inspector may” substitute “an inspector must”, and
(ii) “for the purposes of” substitute “in accordance with”.
6. In schedule 1 (Plant pests which shall not be landed in or spread within Scotland)6, in Part B (Plant pests known to occur in the European Union), under the heading “Fungi” after item 2, insert—
“2a. |
Phytophthora ramorum”. |
7.—(1) In schedule 4 (Restrictions on the landing in and movement within Scotland of relevant material)7, in Part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied), after item 3 insert—
“3a. |
Plants, other than fruit and seeds, of the following genera and species originating in the USA— |
The plants must be accompanied by an official statement: |
|
Acer macrophyllumPursh,Acer pseudoplatanusL.,Adiantum aleuticum (Rupr.) Paris, Adiantum jordanii C. Muell., Aesculus californica(Spach) Nutt., Aesculus hippocastanum L., Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylosspp. Adans, Calluna vulgaris (L.) Hull, Camelliaspp. L., Castanea sativa Mill., Fagus sylvatica L., Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper, Fraxinus excelsior L., Griselinia littoralis (Raoul), Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer, Kalmia latifolia L., Laurus nobilis L., Leucothoe spp. D. Don, Lithocarpusdensiflorus (Hook. & Arn.) Rehd., Lonicera hispidula (Lindl.) Dougl. ex Torr.&Gray, Magnolia spp. L., Michelia doltsopa Buch.-Ham. ex DC, Nothofagus obliqua (Mirbel) Blume, Osmanthus heterophyllus (G. Don) P. S. Green, Parrotia persica (DC) C.A. Meyer, Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii (Mirbel) Franco, Quercus spp. L., Rhododendron spp. L., other than Rhododendron simsii Planch., Rosa gymnocarpa Nutt., Salix caprea L., Sequoia sempervirens (Lamb. ex D. Don) Endl., Syringa vulgaris L., Taxus spp. L., Trientalis latifolia (Hook), Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum Pursh and Viburnumspp. L. (for the purposes of column 3 of this item, “susceptible material”) |
(a) either— |
|
|
(i) under the heading “Additional declaration” that the material originates in an area recognised by the official plant health service of the country from which the material originates (“the relevant plant health service”) as being free from non-European isolates ofPhytophthora ramorum, in which case the name of the area from where the material originates must be specified under the heading “place of origin”; or (ii) that the phytosanitary certificate was issued only after official verification by the relevant plant health service that no signs of non-European isolates ofPhytophthora ramorum have been observed on any susceptible material, (except fruit and seeds), at the place of production during official inspections, including during laboratory testing of any suspicious symptoms carried out since the beginning of the last complete cycle of vegetation, and | ||
(a) the phytosanitary certificate must be issued only after representative samples of the plants have been taken before shipment, and have been tested and found free from non-European isolates ofPhytophthora ramorum in these tests, in which case the phytosanitary certificate must be endorsed by the relevant plant health service under the heading “additional declaration” with the statement “tested and found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov.”.” |
(2) In schedule 4, in Part B (Relevant material, from another part of the European Union, which may only be landed in or moved within Scotland if special requirements are satisfied), after item 41 insert—
“42. |
Plants, other than seeds, of Viburnum spp. L, Camelliaspp. or Rhododendronspp. L., other than Rhododendronsimsii Planch, intended for planting (for the purposes of column 3, “susceptible material”). |
The plants must be accompanied by an official statement either that: |
|
(a) they originate in areas in whichPhytophthora ramorum is known not to occur, (b) upon official inspection at the place of production, carried out at least twice at an appropriate time when the susceptible material is in active growth, or upon laboratory testing of apparent symptoms ofPhytophthora ramorum, no signs of Phytophthora ramorum have been found on the material during the last complete cycle of vegetation, or (c) where signs ofPhytophthora ramorum have been found on the susceptible material at the place of production, appropriate procedures aimed at eradicating Phytophthora ramorum have been implemented which include at least the following measures: | ||
|
(i) the destruction of susceptible material found to be infected byPhytophthora ramorum (“infected material”) and any other susceptible material, including associated growing media and plant debris, within a radius of two metres of the infected material, (ii) susceptible material within a radius of ten metres of the infected material and all other susceptible material from the same lot as the infected material have been retained at the place of production and, in the three months following the finding of infection referred to in sub- paragraph (i), have not been subject to any treatments that may suppress symptoms ofPhytophthora ramorum and have been found free from Phytophthora ramorumafter additional inspections carried out at least twice, (iii) all other susceptible material at the place of production has been inspected frequently following the finding of infection referred to in sub-paragraph (i) and found on such inspection to be free fromPhytophthora ramorum, and (iv) appropriate phytosanitary measures have been taken within a radius of two metres from where infected plants have been standing.”. |
8. In schedule 5 (Relevant material from a third country for which a phytosanitary certificate may be required)8, in Part A (relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate), after paragraph 9 insert—
“10. Plants of Acer macrophyllum Pursh, Acer pseudoplatanus L...
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