The Plant Health (Scotland) Order 2005

Subject to paragraph 12, where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that, with regard to any field or any unit of protected crop production at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 shall apply.

10

The measures referred to in paragraph 9 are–

• (a) from the date of the receipt of the notice and for at least four growing years from the start of the next growing year:

• (i) such measures as may be required to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate; and

• (ii) that the following shall not be planted–

• (aa) potato tubers and plants;

• (bb) tomato plants and seeds;

• (cc) taking into account the biology of R. solanacearum, other host plants and plants of species of Brassica for which there is a risk of R. solanacearum surviving; or

• (dd) crops for which there is a risk of R. solanacearum spreading;

• (b) in the first potato cropping season following the period referred to in paragraph (a), if potatoes are to be planted, only basic seed potatoes and pre basic seed potatotes may be planted, for ware production only, provided that the field or unit of production has been free from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the two consecutive growing years prior to planting; and

• (c) in the potato or tomato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, if potatoes are to be planted, that only basic seed potatoes and pre basic seed potatotes may be planted, and only for seed or ware production.

11

The measures referred to in paragraph 9 are–

• (a) from the date of receipt of the notice and for five growing years from the start of the next growing year–

• (i) such measures as may be required to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate; and

• (ii) that the field or unit of production shall be maintained during the first three growing years–

• (aa) in bare fallow;

• (bb) in cereals if the inspector is satisfied that there is no identifiable risk of R solanacearum spreading;

• (cc) in permanent pasture with frequent close cutting or intensive grazing; or

• (dd) as grass for seed production;

followed by planting in the succeeding two growing years with non host plants of R. solanacearum for which there is no identified risk of that organism surviving or spreading; and

• (b) in the first potato or tomato cropping season which follows the period referred to in paragraph (a), if potatoes are to be planted, that only basic seed potatoes and pre basic seed potatotes may be planted, and only for seed or ware production.

12

Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit–

• (a) no person shall plant in the unit any potato tubers or potato plants or other host plants of R. solanacearum including tomato plants and seeds without the written authorisation of an inspector; and

• (b) an authorisation under paragraph (a) shall not be granted unless the measures specified in the notice referred to in paragraph 8, which shall include at least those specified in paragraph 13, have been complied with.

13

The measures referred to in paragraph 12(b) are–

• (a) a complete change of growing medium in the unit; and

• (b) cleansing and, where appropriate, disinfection of the unit and all equipment which is used in it,

• for the purpose of eliminating R. solanacearum and removing all host plant material.

14

The authorisation referred to in paragraph 12(a) may require that–

• (a) where the authorisation is granted for potato production, production shall be from basic seed potatoes and pre basic seed potatotes or from mini-tubers or micro-plants derived from officially tested sources; and

• (b) controls on irrigation and spraying programmes, which may include a prohibition on such programmes, shall be introduced as appropriate to prevent the spread of R. solanacearum.

15

Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9–

• (a) from the date of receipt of the notice and for one growing year following the start of the next growing year no potato tubers or potato plants or other host plants of R. solanacearum shall be planted, save that if an inspector is satisfied that any risk of the occurrence of volunteer potato plants and tomato plants and other host plants of R. solanacearum including solanaceous weeds has been eliminated basic seed potatoes and pre basic seed potatotes may be planted for ware production only;

• (b) if potatoes are to be planted, in the first growing year following that specified in paragraph (a), only basic seed potatoes and pre basic seed potatotes may be planted, and only for seed or ware production;

• (c) if potatoes are to be planted, in the second growing year following that specified in paragraph (a) and, where appropriate, in any subsequent growing year which may be specified in the notice, only basic seed potatoes and pre basic seed potatotes may be planted, and only for seed or ware production; and

• (d) from the date of the receipt of the notice and in each of the growing years referred to in this paragraph, measures shall be taken to eliminate volunteer potatoes and tomato plants and other host plants of R. solancearum including solanaceous weeds as appropriate.

16

Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato or tomato cropping season permitted by paragraph 10(b) or 11(b)–

• (a) all machinery and storage facilities at the place of production which are used for potato or tomato production shall be cleansed and, where appropriate, disinfected in accordance with paragraph 6(b); and

• (b) such controls on irrigation and spraying programmes, which may include a prohibition on such programmes, shall be introduced as the inspector considers appropriate for the prevention of the spread of R. solanacearum.

PART B — Demarcation of zones for the control of Ralstonia solanacearum

1

The Scottish Ministers shall make notice available to the public, by such measures as they consider appropriate, of the demarcation under article 39(7) of any zone and such notice shall–

• (a) subject to paragraph (b), include a declaration that the provisions of paragraph 6 shall apply in the demarcated zone with effect from the date which is specified in the notice; and

• (b) where appropriate, specify those areas of surface water within the zone to which the prohibition on irrigation and spraying in paragraph 6 shall apply.

2

The zone shall remain demarcated for the purposes of this Order until such date as may be specified in the notice referred to in paragraph 1 or in any further notice relating to the demarcated zone which an inspector may issue varying the controls in the demarcated zone or its extent or ending it.

3

For the purposes of this Order, a notice made available to the public in accordance with paragraph 1 shall be deemed to have been served on–

• (a) any occupier or other person in charge of any premises within the demarcated zone;

• (b) any person–

• (i) with a right to use any surface water; or

• (ii) who has on premises in their occupation or of which they have charge any surface water,

designated as contaminated pursuant to paragraph 6(b); and

• (c) any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.

4

Any premises which are partly inside and partly outside a demarcated zone shall be deemed to be wholly inside that zone for the purposes of this Schedule.

5

Paragraph 4 shall not apply in respect of any part of any premises which is situated outside Scotland.

6

When a declaration has been made pursuant to paragraph 1 that the provisions of this paragraph shall apply–

• (a) where the zone has been demarcated for the purposes of Article 5(1)(a)(iv) of Directive 98/57/EC–

• (i) machinery and stores at premises within the zone which are used for growing, storing or handling potato tubers or tomatoes within the zone and premises within the zone from which machinery for potato and tomato production is operated under contract, shall be cleansed and, where appropriate, disinfected in accordance with paragraph 6(b) of Part A;

• (ii) with regard to potato crops in the zone, only basic seed potatoes and pre basic seed potatoes may be planted; and

• (iii) potatoes intended for planting shall be handled separately from all other potatoes at all premises within the zone;

• (b) where surface water has been designated by an inspector as contaminated for the purposes of Article 5(1)(c)(ii) of Directive 98/57/EC–

• (i) the use of water designated as contaminated for the irrigation and spraying of specified plant material and where appropriate, other host plants, shall be prohibited without the written authorisation of an inspector, in order to prevent the spread of R. solanacearum; and

• (ii) if liquid waste discharges have been contaminated, the disposal of waste from industrial processing or packaging premises which handle specified plant material shall be carried out under the supervision of an inspector.

SCHEDULE 18 — Notification requirements

Live organisms of the animal kingdom

1

Ditylenchus destructor Thorne Potato tuber nematode.

2

Ditylenchus dipsaci (Kühn) Filipjev – Stem nematode.

3

Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida Stone Behrens – Potato cyst nematodes.

Bacteria

1

Clavibacter michiganensis subspecies insidiosus (McCulloch) Davis et al. (syn. Corynebacterium insidiosum (McCulloch) Jensen) Bacterial wilt of Lucerne.

2

Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. (syn. Corynebacterium michiganse (Smith) Jensen pv michiganse Dye and Kemp) – Bacterial canker of tomato.

3

Erwinia amylovora (Burr.) Winslow et al., the cause of Fire blight of Roseaceae, in areas designated as fire blight free buffer zones.

4

Erwinia chrysanthemi pv dianthicola (Hellmers) Dickey – Slow wilt of carnation.

5

Xanthomonas campestris pv vesicatoria (Diodge) Dye – Tomato bacterial spot.

Cryptograms

1

Didymella ligulicola (Baker, Dimock and Davis) V. Arx (syn. Mycosphaerella ligulicola Baker et al.) – Chrysanthemum ray blight.

2

Phialophora cinerescens (Wollenweber) Van Beyma – a carnation wilt.

3

Puccinia horiana P. Henn – Chrysanthemum white rust.

4

Verticillium albo-atrum Reinke and Berth. – Verticillium wilt disease.

5

Verticillium dahliae Klebahn – Verticillium wilt of hops.

Viruses and virus-like pathogens

1

Arabis mosaic virus.

2

Chrysanthemum stunt viroid.

3

Plum pox virus.

4

Raspberry ringspot virus.

5

Strawberry crinkle virus.

6

Strawberry latent ringspot virus.

7

Strawberry mild yellow edge virus.

8

Tomato black ring virus.

9

Tomato spotted wilt virus.

SCHEDULE 19 — Revocation of Orders

Order	Reference
The Plant Health (Great Britain) Order 1993	S.I. 1993/1320
The Plant Health (Great Britain) (Amendment) (Potatoes) Order 1993	S.I. 1993/3213
The Plant Health (Great Britain) (Amendment) Order 1995	S.I. 1995/1358
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1995	S.I. 1995/2929
The Plant Health (Great Britain) (Amendment) Order 1996	S.I. 1996/25
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1996	S.I. 1996/1165
The Plant Health (Great Britain) (Amendment) (No. 3) Order 1996	S.I. 1996/3242
The Plant Health (Great Britain) (Amendment) Order 1997	S.I. 1997/1145
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1997	S.I. 1997/2907
The Plant Health (Great Britain) (Amendment) Order 1998	S.I. 1998/349
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1998	S.I. 1998/1121
The Plant Health (Great Britain) (Amendment) (No. 3) Order 1998	S.I. 1998/2245
The Plant Health (Amendment) (Scotland) Order 1999	S.S.I. 1999/22
The Plant Health (Scotland) Amendment (No. 2) Order 1999	S.S.I. 1999/129
The Plant Health (Great Britain) Amendment (Scotland) Order 2001	S.S.I. 2001/249
The Plant Health (Great Britain) Amendment (Scotland) Order 2002	S.S.I. 2002/164
The Plant Health (Great Britain) Amendment (Scotland) Order 2003	S.S.I. 2003/224
The Plant Health (Great Britain) Amendment (Scotland) Order 2004	S.S.I. 2004/440

Signed

RHONA BRANKIN — Authorised to sign by the Scottish Ministers — 30th November 2005

Explanatory note

(This note is not part of the Order)

The Plant Health (Scotland) Order 2005 (“this Order”), which extends to Scotland only, revokes and consolidates with amendments the Plant Health (Great Britain) Order 1993 (SI 1993/1320) (in its application to Scotland). This Order also implements–

• (a) Council Directive 2002/89/EC (O.J. No. L 355, 30.12.02, p.45) amending Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

• (b) Commission Directive 2004/103/EC (O.J. No. L 313, 12.10.04, p.16) on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks;

• (c) Commission Directive 2004/105/EC (O.J. No. L 319, 20.10.04, p.9) determining the models of phytosanitary certificates or phytosanitary certificates for re export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC;

• (d) Commission Directive 2005/16/EC (O.J. No. L 57, 3.3.05, p.19) amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

• (e) Commission Directive 2005/17/EC (O.J. No. L 57, 3.3.05, p.23) amending certain provisions of Directive 92/105/EEC concerning plant passports; and

• (f) Commission Decision 2005/260/EC (O.J. No. L 78, 24.3.05, p.50) which comprises Decision No. 2/2005 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products concerning the amendments to the Appendices to Annex 4.

This Order comes into force on 31st December 2005.

Part 2 of this Order imposes restrictions and requirements on relevant material imported into Scotland from third countries, including material coming via another country in the European Community where the Scottish Ministers have agreed to inspect that material in Scotland. “Relevant material” is defined in article 2.

The principal controls are in article 5, which contains general prohibitions and restrictions on relevant material being landed in Scotland, article 6, which requires importers to provide the Scottish Ministers with advance notice of landing of relevant material and article 7, which imposes requirements for relevant material to be accompanied by a phytosanitary certificate. Article 8 exempts certain relevant material which is brought into Scotland in a person’s baggage from these prohibitions and requirements.

Article 9 imposes requirements relating to the contents, display and presentation of documents required to accompany relevant material.

Articles 10 to 12 provide that certain relevant material shall not be removed from an area of plant health control (defined in article 10(2)) until, being satisfied as to the matters specified in article 12, an inspector has discharged that material.

Articles 13 and 14 provide for an officer for Revenue and Customs to be able to detain relevant material from which an inspector considers a plant pest may spread.

Article 15 contains general requirements to be met by phytosanitary documentation.

Articles 16 to 18 introduce provisions to allow relevant material to be inspected at its place of destination provided that place is approved by the relevant authorities and the material is accompanied by a plant health movement document.

Part 3 of this Order contains the prohibitions and restrictions that apply to relevant material coming to Scotland from another part of the European Community (which includes other parts of the United Kingdom) and on the movement of that material within Scotland. The requirements for such material to be accompanied by a plant passport are imposed by article 21.

Part 4 of this Order imposes a requirement on plant traders to be registered in respect of their activities (articles 25 to 28) and provides for the Scottish Ministers to be able to authorise them to issue plant passports (article 29).

Part 5 contains special arrangements governing trade in relevant material between Scotland and Switzerland.

Part 6 contains general enforcement powers given to plant health inspectors.

Part 7 imposes additional requirements in respect of certain solanaceous species (potatoes and tomatoes).

Part 8 provides for the Scottish Ministers to be able to license activities that would otherwise by prohibited by this Order.

Part 9 imposes requirements to notify the presence of certain pests to the Scottish Ministers.

Part 10 contains offences for non compliance with this Order or with requirements imposed under it (article 45(1)); in relation to making statements or failing to disclose information for the purpose of procuring a plant health document (article 45(3)) and for dishonestly issuing, altering or re using a plant passport (article 45(4)). (Contravention of any prohibition on landing imposed by this Order is an offence under the Customs and Excise Management Act 1979 (c. 2) and not under this Order.)

A person found guilty of an offence under this Order is liable on summary conviction to a fine of up to level 5 on the standard scale (article 46).

A transposition note has been prepared and placed before Parliament. Copies of the transposition note can be obtained from SEERAD, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY. A full regulatory impact assessment has not been produced for this Order as it has no impact on the costs for business.

Footnotes

[^f00001]: 1967 c. 8; sections 2(1), 3(1) and (2) and 4(1) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48) and further amended by section 17(1) of the Criminal Justice Act 1991 (c. 53) and the Statute Law (Repeals) Act 1993 (c. 50), section 1(1) and Schedule 1, Part XIV. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00002]: 1972 c. 62.

[^f00003]: 1979 c. 2.

[^f00004]: O.J. No. L 259, 18.10.93, p.1.

[^f00005]: O.J. No. L 235, 21.8.98, p.1.

[^f00006]: O.J. No. L 169, 10.7.00, p.1.

[^f00007]: O.J. No. L 127, 9.5.01, p.42; and see the associated Commission Directive 2001/32/EC, O.J. No. L 127, 9.5.01, p.38.

[^f00008]: O.J. No. L 77, 20.3.02, p.23; and see the associated Commission Directive 2002/29/EC, O.J. No. L 77, 20.3.02, p.26.

[^f00009]: O.J. No. L 116, 3.5.02, p.16.

[^f00010]: O.J. No. L 78, 25.3.03, p.10; and see the associated Commission Directive 2003/21/EC, O.J. No. L 78, 25.3.03.

[^f00011]: O.J. No. L 138, 5.6.03, p.47; and see the associated Commission Directive 2003/46/EC, O.J. No. L 138, 5.6.03, p.45.

[^f00012]: O.J. No. L 321, 6.12.03, p. 36.

[^f00013]: O.J. No. L 85, 23.3.04, p.18; and see the associate Commission Directive 2004/32/EC, O.J. No. L 85, 23.3.04.

[^f00014]: O.J. No. L 127, 29.4.04. p.97.

[^f00015]: O.J. No. L 309, 6.10.04, p.9.

[^f00016]: O.J. No. L 57, 3.3.05, p.19; and see the associated Commission Directive 2005/18/EC, O.J. No. L 57, 3.3.05, p.25.

[^f00017]: O.J. No. L 355, 30.12.02, p.45.

[^f00018]: O.J. No. L 122, 16.5.03, p.1.

[^f00019]: O.J. No. L 236, 23.9.03, p.33.

[^f00020]: 2000 c. 7; the definition of electronic communication in section 15(1) was amended by the Communications Act 2003 (c..21), section 406(1) and Schedule 17, paragraph 158.

[^f00021]: Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and revised in 1979 (Miscellaneous Series No. 1(1981), Cmd 8108).

[^f00022]: Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.

[^f00023]: Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.

[^f00024]: S.S.I. 2000/201; amended by S.I. 2001/3510 and S.S.I. 2005/280.

[^f00025]: O.J. No. L 302, 19.10.92, p.1.

[^f00026]: 1971 c. 80.

[^f00027]: O.J. No. L 253, 11.10.93, p.1.

[^f00028]: S.I. 1993/1320; amended by S.I 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349, 1121 and 2245, S.S.I. 1999/22 and 129, 2001/249, 2002/164. 2003/224 and 204/440..

[^f00029]: O.J. No. L 184, 3.8.95, p.34.

[^f00030]: O.J. No. L 184, 3.8.95, p.34.

[^f00031]: See section 100A of the Customs Act which was inserted by the Finance Act 1984 (c. 43), section 8 and Schedule 4, Part 1.

[^f00032]: Sections 49 and 50 of the Customs and Excise Management Act 1979 (c. 2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.

[^f00033]: 1995 c. 46.

[^f00034]: Aphelenchoides besseyi Christie is not present on Oryza spp. in the Community.

[^f00035]: Cherry leaf-roll virus is not present in Rubus L. in the Community.

[^f00036]: Prunus necrotic ringspot virus is not present in Rubus L. in the Community.

[^f00037]: O.J. No. L 193, 20.7.02, p.60; to which there are amendments not relevant to this Order.

[^f00038]: O.J. No. L 193, 20.7.2002, p.60, to which there are amendments not relevant to this Order.

[^f00039]: O.J. No. L 193, 20.7.2002, p.1; amended by the Act concering 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, O.J. No. L 236, 23.9.2003, p 820, 828 and 910; there are other amending instruments but they are not relevant to this Order.

[^f00040]: If it is listed in Part A as well as in Part B.

[^f00041]: If it is listed in Part B but not in Part A.

[^f00042]: O.J. No. L 164, 30.6.99, p.76.

[^f00043]: O.J. No. L 250, 7.10.93, p.1.

[^f00044]: O.J. No. L 250, 7.10.93, p.19.

[^f00045]: O.J. No. L 193, 20.7.02, p.60, to which there are amendments not relevant to this Order.

[^f00046]: OJ No. L 193, 20.7.02, p.74; amended by Council Directive 2002/68/EC O.J. No. L 195, 24.7.02, p. 32; Commission Directive 2003/45/EC O.J. No. L 138, 5.6.03, p. 40 and Council Directive 2004/117/EC O.J. No. L 14, 18.1.05, p.18; there is another amending Directive which is not relevant.

[^f00047]: OJ No. L 193, 20.7.02, p.33; amended by 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, O.J. No. L 236, 23.9.03, p 820, 828 and 910 and Council Directive O.J. No. L 14, 18.1.05, p.18; there are other amending Directives but none are relevant.

[^f00048]: O.J. No. P 125, 11.7.66, p.2298; as last amended by Commission Directive 2004/55/EC O.J. No. L 114, 21.4.04, p.18.