The Plant Health (Scotland) Amendment (No. 2) Order 2007
2007 No. 498
PLANT HEALTH
The Plant Health (Scotland) Amendment (No. 2) Order 2007
Made 6th November 2007
Laid before the Scottish Parliament 7th November 2007
Coming into force 1st December 2007
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 19671as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 19722, and all other powers enabling them to do so.
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 19723and it appears to the Scottish Ministers that it is expedient for the references in the following Order to certain Decisions to be construed as references to those instruments as amended from time to time.
Citation and commencement
1. This Order may be cited as the Plant Health (Scotland) Amendment (No. 2) Order 2007 and comes into force on 1st December 2007.
Amendments to the Plant Health (Scotland) Order 2005
2. The Plant Health (Scotland) Order 20054is amended in accordance with articles 3 to 7.
Prevention of the introduction into and spread within the European Community of Rhynchophorus ferrugineus (Olivier)
3.—(1) In article 2(1)(general interpretation)–
(a)
(a) in the definition of “Directive 2000/29/EC”, after “ 2006/35/EC5”, insert “ 2007/41/EC6”;
(b)
(b) at the appropriate place, insert ““Decision 2007/365/EC” means Commission Decision 2007/365/ECon emergency measures to prevent the introduction into and the spread within the Community ofRhynchophorus ferrugineus (Olivier)7, as amended from time to time;”.
(2) 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), after item 34 of “Insects, mites and nematodes” add–
“35Rhynchophorus ferrugineus (Olivier)”.
(3) 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) after item 57 insert–
“57a. |
Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC originating in any third country |
Without prejudice to the requirements in item 57, the plants, including those collected from natural habitats, shall be accompanied by an official statement that the plants meet the requirements of paragraph (a), (b) or (c) of point 1 of Annex I to Decision 2007/365/EC”. |
(4) In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material) in 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 6 insert–
“6a. |
Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC |
The plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b), (c) or (d) of point 2 of Annex I to Decision 2007/365/EC”. |
(5) In Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required), Part A (relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate), 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) and in Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Community without a plant passport), Part A (relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport), after item 1 insert–
“1a Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC.”.
Prevention of the introduction into and spread within the European Community of Gibberella circinata Nirenberg & O'Donnell
4.—(1) In article 2(1)(general interpretation), at the appropriate place insert ““Decision 2007/433/EC” means Commission Decision 2007/433/ECon provisional emergency measures to prevent the introduction into and the spread within the Community ofGibberella circinata Nirenberg & O'Donnell8, as amended from time to time;”.
(2) 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), after item 17 of “Fungi” add–
“18Gibberella circinata Nirenberg & O'Donnell”.
(3) 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), after item 2 insert–
“2a. |
Plants intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC, originating in any third country |
Without prejudice to the requirements in items 1, 2 and 3, the plants shall be accompanied by an official statement that– (a) they originate in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and (b) they meet the requirements of paragraph (a), (b) or (c) of point I of Annex I to Decision 2007/433/EC”. |
(4) In Schedule 4, (restrictions on the landing in and movement within Scotland of relevant material), 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 1 insert–
“1a. |
Plants intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC |
Without prejudice to the requirements in item 7 of Part A of Schedule 6, the plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b) or (c) of point II of Annex I to Decision 2007/433/EC”. |
(5) In Schedule 5, (relevant material from a third country for which a phytosanitary certificate may be required), Part A (relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate), after item 1 insert–
“1b Seeds and cones, intended for propagating, of the genera and specied referred to in Article 1(2) of Decision 2007/433/EC.”.
(6) 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...
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