The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

JurisdictionScotland
CitationSSI 2019/130

2019 No. 130

Exiting The European Union

Forestry

Plant Health

The Forestry (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 paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 to the European Union (Withdrawal) Act 20181.

1 Introductory

PART 1

Introductory

Citation, commencement and extent
S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 and come into force—

(a)

(a) on the day on which section 81 of the Forestry and Land Management (Scotland) Act 20182comes into force, or

(b)

(b) if exit day3is on or after that day, on exit day.

(2) These Regulations extend to Scotland only.

2 Amendment of the Plant Health (Forestry) Order 2005

PART 2

Amendment of the Plant Health (Forestry) Order 2005

The Plant Health (Forestry) Order 2005 is amended as follows.
S-2 The Plant Health (Forestry) Order 2005 is amended as follows.

The Plant Health (Forestry) Order 2005 is amended as follows.

2. The Plant Health (Forestry) Order 20054is amended as follows.

In article 2— in paragraph (1)— at the appropriate places...
S-3 In article 2— in paragraph (1)— at the appropriate places...

3. In article 2—

(a) in paragraph (1)—

(i) at the appropriate places insert—

““appropriate UK plant health authority” means—

(a) in relation to timber and forest pests in England, the Forestry Commissioners;

(b) otherwise in relation to England, the Secretary of State;

(c) in relation to Wales, the Welsh Ministers;

(d) in relation to Scotland, the Scottish Ministers;

(e) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(f) in relation to the Bailiwick of Guernsey, the States of Guernsey;

(g) in relation to the Bailiwick of Jersey, the Department of Environment of the Bailiwick of Jersey;

(h) in relation to the Isle of Man, the Department of Environment, Food and Agriculture of the Isle of Man;”,

““CD territory” means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;”,

““Decision (EU) 2018/1503” means Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union ofAromia bungii (Faldermann)5, as amended from time to time, before and after exit day6;”,

““ISPM No. 9” means International Standard for Phytosanitary Measures No. 9 of November 1998 on the guidelines for pest eradication programmes, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations7;”,

““ISPM No. 14” means International Standard for Phytosanitary Measures No. 14 of March 2002 on the use of integrated measures in a systems approach for pest risk management, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations8;”,

““ISPM No. 31” means International Standard for Phytosanitary Measures No. 31 of April 2008 on methodologies for sampling consignments, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations9;”,

““the list of controlled material” means schedule 6;”,

““the list of pest free area controlled material” means schedule 7;”,

““the list of prohibited imported material” means schedule 3;”,

““the list of prohibited infested material” means schedule 2;”,

““the list of prohibited tree pests” means schedule 1;”,

““the list of regulated material” means schedule 4;”,

““list ofXylella host plants” means the list of relevant material contained in the database maintained by the European Commission of host plants found to be susceptible to Xylella fastidiosa in the EU, as amended from time to time10;”,

““nursery” means premises wholly or partly used for the cultivation or keeping of plants for the purpose of transplantation or removal to other premises;”,

““OPM excluded zone” means the local authority areas mentioned in column 3 of item 1 of Part B of the list of prohibited tree pests (which are listed as exceptions to the UK pest free area in relation toThaumetopoea processionea L.);”,

““OPM pest free area” means the area described in column 3 of item 1 of Part B of the list of prohibited tree pests;”,

““pest free area” means that part of a UK pest free area that is in Scotland or, where the UK pest free area includes two or more separate parts of Scotland, each such part;”,

““the Plant Health Regulations” means the Plant Health (EU Exit) Regulations 201911;”,

““point of entry” means—

(a) in the case of relevant material which arrives by air, the airport at which the material first arrives in the United Kingdom;

(b) in the case of relevant material which arrives by maritime or fluvial transport, the port at which the material first arrives in the United Kingdom;

(c) in the case of relevant material which arrives by rail, the rail freight terminal at which the material first arrives in the United Kingdom;

(d) in the case of relevant material which arrives by road, the initial destination of the material after its arrival in the United Kingdom;”,

““regulated tree pest” means—

(a) a tree pest of a description specified in Part A or C of the list of prohibited tree pests;

(b) a tree pest of a description specified in Part B of the list of prohibited tree pests which relates to a pest free area;

(c) a tree pest of a description specified in column 2 of Part A, B or D of the list of prohibited infested material;

(d) a tree pest of a description specified in column 2 of Part C of the list of prohibited infested material which relates to a pest free area;”,

““relevant Plant Health Order” means—

(a) in relation to relevant material destined for England, the Plant Health (England) Order 201512or this Order in its application to England;

(b) in relation to relevant material destined for Wales, the Plant Health (Wales) Order 201813or this Order in its application to Wales;

(c) in relation to relevant material destined for Scotland, the Plant Health (Scotland) Order 200514or this Order in its application to Scotland;

(d) in relation to relevant material destined for Northern Ireland, the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 200515, the Plant Health (Wood and Bark) Order (Northern Ireland) 200616or the Plant Health Order (Northern Ireland) 2018;”,

““UK pest free area” means an area in the United Kingdom which has been established as a pest free area in accordance with ISPM No. 4;”,

““UK plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in schedule 9, issued by or with the authority of the appropriate UK plant health authority, and includes any replacement of such a passport;”,

““UK territory” means England, Wales, Scotland or Northern Ireland;”,

(ii) omit the definitions of “area of plant health control” and “associated controlled dunnage”,

(iii) in the definition of “authorised officer”, for paragraphs (a) to (c) substitute—

“(a)

“(a) in relation to a UK plant passport, an inspector acting under the authority of the appropriate UK plant health authority; or

(b)

(b) in relation to a phytosanitary certificate or phytosanitary certificate for re-export, an authorised representative of, or a public officer acting under, the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued;”,

(iv) for the definition of “consignment” substitute—

““consignment” means a quantity of goods covered by a single document required for customs or other formalities;”,

(v) omit the definitions of “ Decision 2002/757/EC” and “ Decision 2007/433/EC”,

(vi) for the definition of “ Decision 2012/138/EU17substitute—

““ Decision 2012/138/EU” means Commission Implementing Decision 2012/138/EUas regards emergency measures to prevent the introduction into and the spread within the Union ofAnoplophora chinensis (Forster)18, as amended from time to time, before and after exit day;19”,

(vii) for the definition of “ Decision 2012/535/EU20substitute—

““ Decision 2012/535/EU” means Commission Implementing Decision 2012/535/EUon emergency measures to prevent the spread within the UnionBursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode)21, as amended from time to time, before and after exit day;22”,

(viii) for the definition of “Decision (EU) 2015/789”23substitute—

““Decision (EU) 2015/789” means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union ofXylella fastidiosa (Wells et al.)24, as amended from time to time, before and after exit day25;”,

(ix) for the definition of “Decision (EU) 2015/893”26substitute—

““Decision (EU) 2015/893” means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union ofAnoplophora glabripennis (Motschulsky)27, as amended from time to time, before and after exit day28;”,

(x) omit the definitions of “the Directive”, “dunnage” and “EC transit goods”,

(xi) in the definition of “European Union”29, omit “including the Isle of Man and the Channel Islands”,

(xii) in the definition of “importer”, for “landing” substitute “consignment”,

(xiii) omit the definition of “landed”,

(xiv) for the definition of “lot” substitute—

““lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;”,

(xv) in the definition of “national plant protection organisation”, for “European...

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