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Plant Health (Great Britain) Amendment (Scotland) Order 2003

Consolidated Text As Enacted Cited authorities 12 Cited in Related
Vincent
Year2003

2003 No. 224

PLANT HEALTH

The Plant Health (Great Britain) Amendment (Scotland) Order 2003

Made 28th March 2003

Laid before the Scottish Parliament 31th March 2003

Coming into force 1st April 2003

The Scottish Ministers, in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act 19671and of all other powers enabling them in that behalf, hereby make the following Order:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Plant Health (Great Britain) Amendment (Scotland) Order 2003 and shall come into force on 1st April 2003.

(2) This Order extends to Scotland only.

S-2 Amendment of the Plant Health (Great Britain) Order 1993

Amendment of the Plant Health (Great Britain) Order 1993

2.—(1) The Plant Health (Great Britain) Order 19932is amended in accordance with paragraphs (2) to (21) below.

(2) In article 2(1) (interpretation)–

(a)

(a) for the definition of “Directive 2000/29/EC” there is substituted–

““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 Directive 2001/33/EC4, by Commission Directive 2002/28/EC5, by Commission Directive 2002/36/EC6and by Commission Directive 2003/22/EC7;”; and

(b)

(b) after the definition of “reforwarding phytosanitary certificate” there is inserted–

““relevant International Standards for Phytosanitary Measures (ISPM)” means ISPMNo. 4 “Requirements for the Establishment of Pest Free Areas” February 1996 and ISPMNo. 10 “Requirements for the Establishment of Pest Free Places of Production and Pest Free Production Sites” October 19998, prepared by the Secretariat of the International Plant Protection Convention (IPPC) established by the Food and Agriculture Organisation of the United Nations;”.

(3) In Schedule 1, Part A, Section 1(a) (insects, mites and nematodes, at all stages of their development)–

(a)

(a) after item 4 there is inserted–

S-4.1

“4.1.Anoplophora glabripennis (Motschulsky)”; and

(b)

(b) after item 16 there is inserted–

S-16.1

“16.1.Naupactus leucoloma Boheman”.

(4) In Schedule 1, Part A, Section 2(a) (insects, mites and nematodes, at all stages of their development), items 4, 5 and 6 are omitted.

(5) In Schedule 1, Part B(a) (insects, mites and nematodes, at all stages of their development), after item 2 there is inserted–

“3Liriomyza bryoniae (Kaltenbach)

IRL and UK (Northern Ireland)”.

(6) In Schedule 1, Part B(d) (virus and virus-like organisms), for the entry in the second column opposite item 1 there is substituted–

“DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)”.

(7) In Schedule 2, Part A, Section 1(c) (fungi), after item 1 there is inserted–

“1.1Anisogramma anomala (Peck) E. Müller

Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America”.

(8) In Schedule 2, Part A, Section 2(a) (insects, mites and nematodes, at all stages of their development), after item 7 there is inserted–

“8 Liriomyza huidobrensis (Blanchard)

Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than:

bulbs,

corms,

plants of the family Gramineae,

rhizomes,

seeds

9 Liriomyza trifolii (Burgess)

Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than:

bulbs,

corms,

plants of the family Gramineae,

rhizomes,

seeds”.

(9) In Schedule 2, Part B(a) (insects, mites and nematodes, at all stages of their development), for the entry in the third column opposite item 59there is substituted–

“Portugal (Azores)”.

(10) In Schedule 2, Part B(b) (bacteria), for the entry in the third column opposite item 210there is substituted–

“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; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; 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), and for A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)”.

(11) In Schedule 3, Part B (plants, plant products and other objects the introduction of which shall be prohibited in certain protected zones), for the entry in the second column opposite item 111there is substituted–

“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; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; 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), and for A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)”.

(12) In Schedule 4, Part A, Section 1 (plants, plant products and other objects originating outside the Community)–

(a)

(a) after item 11.2 there is inserted–

“11.3. Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America

Official statement that the plants have been grown in nurseries and:

(a) originate in an area, established in the country of export by the national plant protection service in that country, as being free fromAnisogramma anomala (Peck) E. Müller, in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/ECunder the rubric “Additional declaration”, or

(b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free fromAnisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/ECunder the rubric “Additional declaration” and declared free fromAnisogramma anomala (Peck) E. Müller”;

(b)

(b) for items 32.1, 32.2 and 32.3 there is substituted–

“32.1. Plants of herbaceous species, intended for planting, other than:

bulbs,

corms

plants of the family Gramineae,

rhizomes,

seeds,

tubers,

originating in third countries whereLiriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) are known to occur

Without prejudice to the requirements applicable to the plants in Schedule 4A1(27.1), (27.2), (28) and (29), where appropriate, official statement that the plants have been grown in nurseries and:

(a) originate in an area, established in the country of export by the national plant protection service in that country, as being free fromLiriomyza sativae (Blanchard) and Amauromyza maculosa(Malloch) in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/ECunder the rubric “Additional declaration”, or

(b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free fromLiriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/ECunder the rubric “Additional declaration”, and declared free fromLiriomyza sativae Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export, or

(c) immediately prior to export, have been subjected to an appropriate treatment againstLiriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae Blanchard) and Amauromyza maculosa (Malloch). Details of the treatment shall be...

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