The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

Provision of the EU Plant Health Regulation	Subject matter
Article 5(1) (as read with Article 8(1))	Prohibits the introduction of a Union quarantine pest into the Union territory, the movement of a Union quarantine pest within the Union territory or the holding, multiplication or the release of Union quarantine pest in the Union territory41.
Article 9(3) (as read with Article 33(1))	Requires professional operators immediately to notify competent authorities of any evidence they may have concerning an imminent danger of the entry of: –a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) into the Union territory or into a part of the Union territory where it is not yet present, or –a protected zone quarantine pest into the respective protected zone42.
Article 14(1) (as read with Articles 16 and 33(1))	Requires a professional operator who suspects or becomes aware that: –a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) is present in plants, plant products or other objects which are under the operator’s control, –a protected zone quarantine pest is present in plants, plant products or other objects which are under the operator’s control in the respective protected zone, immediately to notify the competent authority and take precautionary measures to prevent the establishment and spread of the pest.
Article 14(3) (as read with Article 33(1))	Requires a professional operator: –to consult the competent authority where the professional operator has received an official confirmation concerning the presence of a Union quarantine pest in plants, plant products or other objects which are under the operator’s control, and –where applicable, proceed with the actions required under Article 14(4) to (7).
Article 15(1) (as read with Articles 15(2), 16 and 33(1))	Requires a person who is not a professional operator immediately to notify the competent authority where the person becomes aware of, or has reason to suspect: –the presence of a Union quarantine pest, –the presence of a protected zone quarantine pest in the respective protected zone.
Article 32(2)	Prohibits the introduction of a protected zone quarantine pest into the respective protected zone, the movement of a protected zone quarantine pest within the respective protected zone or the holding, multiplication or the release of a protected zone quarantine pest in the respective protected zone.
Article 37(1) (as read with Article 39 and Article 17 of Regulation 2019/2072)	Prohibits the introduction into the Union territory by a professional operator of a Union regulated non-quarantine pest on plants for planting through which it is transmitted, or the movement of a Union regulated non-quarantine pest within the Union territory by a professional operator on plants for planting through which it is transmitted43.
Article 40(1) (as read with Articles 47 and 48(1))	Prohibits the introduction into the Union territory of certain plants, plant products or other objects if they originate from all or certain third countries or territories44.
Article 41(1) (as read with Articles 47 and 48(1))	Prohibits: –the introduction into the Union territory of certain plants, plant products or other objects from third countries unless the special requirements in respect of those plants, plant products or other objects are fulfilled45, –the movement within the Union territory of certain plants, plant products or other objects from third countries or within the Union territory unless the special requirements in respect of those plants, plant products or other objects are fulfilled.
Article 42(2) (as read with Articles 47 and 48(1))	Prohibits the introduction into the Union territory of high-risk plants, plant products or other objects from third countries46.
Article 43(1)	Prohibits the introduction into the Union territory of wood packaging material, whether or not actually in use in the transport of objects of all kinds, unless it fulfils the specified requirements or is subject to the exemptions provided for in ISPM 15.
Article 45(1), third paragraph (as read with Article 55)	Requires postal services and professional operators involved in sales through distance contracts to make specified information available to their clients through the internet.
Article 53(1) (as read with Articles 57 and 58)	Prohibits: –the introduction of certain plants, plant products or other objects originating from third countries into certain protected zones, –the introduction of certain plants, plant products or other objects originating within the Union territory into certain protected zones47.
Article 54(1) (as read with Articles 57 and 58)	Prohibits: –the introduction of certain plants, plant products or other objects into certain protected zones unless the special requirements in respect of those protected zones are fulfilled, –the movement of certain plants, plant products or other objects within certain protected zones unless the special requirements in respect of those protected zones are fulfilled48.
Article 59	Requires vehicles, machinery or packaging material used for: –specified plants, plant products or other objects moving into or within the Union territory, or through the Union territory, to be free from Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1), –specified plants, plant products or other objects moving into or within the protected zones, or through protected zones, to be free from the respective protected zone quarantine pests.
Article 62(1)	Requires a person responsible for a quarantine station or confinement facility to monitor the station or facility and its immediate vicinity for the unintended presence of Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1).
Article 62(2)	Requires a person responsible for a quarantine station or confinement facility to, when an unintended presence of a pest referred to in Article 62(1) is found or suspected, take appropriate action based on the contingency plan referred to in point (e) of Article 61(1) and to comply with the obligations of professional operators in Article 14.
Article 64(1) (as read with Article 64(2))	Prohibits the release of plants, plant products and other objects from quarantine stations or confinement facilities unless authorised by the competent authorities.
Article 66(1)	Requires certain professional operators to submit an application for registration to the competent authorities.
Article 66(5)	Requires registered operators, where relevant: –to submit an annual update concerning any changes in the data referred to in points (d) and (e) of Article 66(2) or in the statements referred to in points (b) and (c) of Article 66(2), –to submit an application to update the data referred to in point (a) of Article 66(2) no later than 30 days after the change in that data.
Article 69(1)	Requires a professional operator to whom plants, plant products or other objects are supplied that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator who supplied each trade unit.
Article 69(2)	Requires a professional operator who is supplying plants, plant products or other objects that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator to whom each trade unit was supplied.
Article 69(4)	Requires professional operators to keep the records required pursuant to Article 69(1) to (3) for at least three years.
Article 70(1)	Requires professional operators who are supplied with, or supply, the plants, plant products or other objects referred to in Article 69(1) and (2) to have in place traceability systems or procedures to allow identification of the movements of those plants, plant products and other objects within and between their own premises.
Articles 72(1) and 73	Prohibits the introduction into the Union territory of certain plants, plant products and other objects from third countries unless they are accompanied by a phytosanitary certificate49.
Article 74(1)	Prohibits the introduction of certain plants, plant products and other objects from certain third countries into certain protected zones unless accompanied by a phytosanitary certificate50.
Article 79(1) (as read with Articles 81, 82 and 83)	Prohibits the movement of certain plants, plant products and other objects within the Union territory without a plant passport51.
Article 80(1) (as read with Articles 81, 82 and 83)	Prohibits the introduction of certain plants, plant products and other objects into certain protected zones, or the movement of certain plants, plant products and other objects within certain protected zones, without a plant passport52.
Article 84(1)	Prohibits professional operators from issuing plant passports unless they are authorised and from issuing plant passports for plants, plant products or other objects for which they are not responsible.
Article 84(3)	Prohibits authorised professional operators from issuing plant passports except at specified premises, collective warehouses or dispatching centres, unless Article 94(1) applies.
Article 85 (as read with Article 87)	Prohibits authorised professional operators from issuing plant passports for the movement within the Union of plants, plant products or other objects unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 86(1) (as read with Articles 86(2) and 87)	Prohibits authorised professional operators from issuing plant passports for plants, plant products or other objects to be introduced into, or moved within, a protected zone unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 88	Requires professional operators to attach plant passports to the trade unit of the plants, plant products or other objects concerned, or where the plants, plant products or other objects are moved in a package, bundle or container, to that package, bundle or container.
Article 90(1)	Requires an authorised operator to: –identify and monitor the points in its production process and certain other points concerning the movement of plants, plant products and other objects where the authorised operator intends to issue a plant passport in respect of those plants, plant products and other objects, and –keep records concerning the identification and monitoring of those points for at least three years.
Article 90(2)	Requires authorised operators to ensure that appropriate training is given to its personnel involved in the examinations referred to in Article 87.
Article 93(1)	Prohibits authorised operators from issuing replacement plant passports unless certain conditions are fulfilled.
Article 93(5)	Requires professional operators to retain replaced plant passports or their contents for at least three years.
Article 96(1)	Prohibits the marking of wood packaging material, wood or other objects in the Union territory by any person who is not authorised in accordance with Article 98 or in any manner other than the manner required.
Article 97(1)	Prohibits the repairing of wood packaging material by any person who is not authorised in accordance with Article 98 or in any manner other than the manner required.

PART 2 — The Official Controls Regulation

Provision of the Official Controls Regulation	Subject matter
Article 47(5) as read with Articles 5 and 7 of Commission Delegation Regulation (EU) 2019/2122 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and good exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011	Requires the operator responsible for a relevant consignment entering Great Britain to ensure that it is presented for official controls at the border control post of first arrival into Great Britain.
Article 50(1)	Requires the operator of a relevant consignment to which Article 47(1) applies to present the original official certificates or documents which are required to accompany the consignment to the competent authorities of the border control post.
Article 50(3)	Prohibits the operator of a relevant consignment from splitting the consignment until official controls have been performed and the Common Health Entry Document has been finalised.
Article 56(1)	Requires the operator of a relevant consignment to complete the relevant part of the Common Health Entry Document.
Article 56(4) (as read with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 on the prior notification of consignments of certain categories of animals and goods entering the Union and regulation 7 of these Regulations	Requires the operator of a relevant consignment to give prior notification to the competent authorities of the border control post of arrival of the consignment before the physical arrival of the consignment in Great Britain.

PART 3 — Other retained EU legislation

Provision of retained EU legislation	Subject matter
Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination	Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination
Article 3 (as read with Articles 4(a), 5(1)(b) and (d), 5(2)(a) and (c) and 6(a))	Requires the operator responsible for a consignment to ensure that a Common Health Entry Document accompanies the consignment, irrespective of whether or not it is split, until it is released for free circulation in accordance with Article 57(2)(b) of the Official Controls Regulation.
Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union	Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union
Article 5(a) and (b)	Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to enter certain details in the common health entry document and submit the common health entry document.
Article 6	Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to comply with the specified conditions relating to its transportation and storage.
Article 16(1) and (3)	Requires the operator who is responsible for a transhipped relevant consignment to notify the specified information to competent authorities.
Article 22(4)	Requires the operator who is responsible for a relevant consignment that is in transit through Great Britain to take specific measures relating to the transportation of the consignment.
Commission Delegated Regulation (EU) 2019/2123 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts	Commission Delegated Regulation (EU) 2019/2123 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts
Article 2(1)(d), (e), (f), (g)(i) and (h) (as read with Article 2(2) and (3)), Article 5(1) (as read with Article 5(2), Article 6(1) and (4) and Article 8(2))	Requires the operator responsible for a consignment to comply with certain conditions where identity and physical checks on the consignment are to be performed at a control point other than a border control post

SCHEDULE 4 — Offences: EU decisions relating to plant health

EU instrument	Provision of EU instrument
Commission Decision 98/109/EC	Article 1 (requirements in relation to the introduction into the Union territory of cut flowers of Orchidaceae originating in Thailand)
Commission Decision 2002/757/EC	Article 3(1) and (2) (requirements in relation to the introduction into the Union territory of susceptible plants and susceptible wood originating in the USA)
Commission Decision 2002/757/EC	Article 3(4) (requirements in relation to the movement within the Union territory of certain plants intended for planting originating in third countries, other than the USA)
Commission Decision 2002/757/EC	Article 4 (prohibition on the introduction into the Union territory of susceptible bark originating in the USA)
Commission Decision 2002/757/EC	Article 5 (requirements in relation to the movement within the Union territory of certain plants intended for planting originating in the Union)
Commission Decision 2004/200/EC	Article 1 (prohibition on the movement within the Union territory of seeds of Solanum lycopersicum L. contaminated by Pepino mosaic virus) insofar as it relates to the movement of seeds of Solanum lycopersicum L. that were produced before 14th December 2019 and are moved within the Union territory at any time before 14th December 2020
Commission Decision 2004/200/EC	Article 3(1) (requirements in relation to the movement of seeds of Solanum lycopersicum originating in the Union) insofar as it relates to the movement of seeds of Solanum lycopersicum L. that were produced before 14th December 2019 and are moved within the Union territory at any time before 14th December 2020
Commission Decision 2011/787/EU	Article 1(1) (requirements on the introduction of tubers of Solanum tuberosum L. from Egypt)
Commission Implementing Decision 2012/138/EU	Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries, other than China)
Commission Implementing Decision 2012/138/EU	Article 3(1) and (2) (requirements in relation to the introduction into the Union territory of specified plants originating in China)
Commission Implementing Decision 2012/138/EU	Article 4 (requirements in relation to the movement within the Union territory of specified plants originating in, or introduced into, demarcated areas or specified plants introduced into the Union territory in accordance with Article 2 or 3)
Commission Implementing Decision 2012/270/EU	Article 1 (prohibition on the introduction of the specified organisms into the Union territory and the spread of the specified organisms within the Union territory)
Commission Implementing Decision 2012/270/EU	Article 2(1) (requirements in relation to the introduction into the Union territory of potato tubers originating in third countries where one or more of the specified organisms are known to be present)
Commission Implementing Decision 2012/270/EU	Article 3 (requirements in relation to the movement within the Union territory of potato tubers originating in demarcated areas or potato tubers introduced into the Union territory from third countries where one or more of the specified organisms are known to be present)
Commission Implementing Decision 2012/535/EU	Article 10(1) and (2) (requirements in relation to the movement within the Union territory of susceptible plants, susceptible wood or susceptible bark)
Commission Implementing Decision 2012/697/EU	Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries)
Commission Implementing Decision 2012/697/EU	Article 3 (requirements in relation to the movement within the Union territory of specified plants for planting originating in demarcated areas)
Commission Implementing Decision (EU) 2015/789	Article 9 (requirements in relation to the movement within the Union territory of specified plants, other than plants grown for the entire production cycle in vitro or plants belonging to varieties of specified plants listed in Annex III)
Commission Implementing Decision (EU) 2015/789	Article 9a (requirements in relation to the movement within the Union territory of specified plants which have been grown for the entire production cycle in vitro and for at least part of their life in demarcated areas)
Commission Implementing Decision (EU) 2015/789	Article 15 (prohibition of the introduction of plants for planting, other than seeds, of Coffea originating in Costa Rica or Honduras)
Commission Implementing Decision (EU) 2015/789	Article 16 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is not present)
Commission Implementing Decision (EU) 2015/789	Article 17(1) (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present)
Commission Implementing Decision (EU) 2015/893	Article 2(a) (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present)
Commission Implementing Decision (EU) 2015/893	Article 3(a) (requirements in relation to the introduction into the Union territory of specified wood originating in third countries where the specified organism is known to be present)
Commission Implementing Decision (EU) 2015/893	Article 4 (requirements in relation to the movement within the Union territory of specified plants originating in, or introduced into, demarcated areas or specified plants introduced into the Union territory from third countries in accordance with Article 2)
Commission Implementing Decision (EU) 2015/893	Article 5 (requirements in relation to the movement within the Union territory of specified wood originating in demarcated areas, specified wood retaining all or part of its round surface which has been introduced into demarcated areas or specified wood packaging material originating in demarcated areas)
Commission Implementing Decision (EU) 2016/715	Article 5 (requirements in relation to the introduction into the Union territory of specified fruits originating in South Africa or Uruguay)
Commission Implementing Decision (EU) 2016/715	Article 5a (requirements in relation to introduction into the Union territory of specified fruits originating in Argentina and Brazil)
Commission Implementing Decision (EU) 2017/198	Article 1 (prohibition on the introduction of the specified organism into the Union territory and its spread within the Union territory)
Commission Implementing Decision (EU) 2017/198	Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries)
Commission Implementing Decision (EU) 2017/198	Article 3 (requirements in relation to the movement within the Union territory of specified plants originating in the Union or specified plants introduced into the Union territory from third countries in accordance with Article 2)
Commission Implementing Decision (EU) 2018/638	Article 3(a) and (b) (requirements in relation to introduction into the Union territory of specified plants originating in Africa or the Americas)
Commission Implementing Decision (EU) 2018/1503	Article 7(1), (6) and (7) (requirements in relation to the movement within the Union territory of specified plants originating in demarcated areas, specified plants introduced into demarcated areas or specified plants introduced into the Union territory from third countries where the specified organism is known to be present in accordance with Article 11)
Commission Implementing Decision (EU) 2018/1503	Article 8 (requirements in relation to the movement within the Union territory of specified wood originating in demarcated areas or specified wood retaining all or part of its surface introduced into demarcated areas)
Commission Implementing Decision (EU) 2018/1503	Article 9 (requirements in relation to movement within the Union territory of specified wood packaging material originating in demarcated areas)
Commission Implementing Decision (EU) 2018/1503	Article 11 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present)
Commission Implementing Decision (EU) 2018/1503	Article 12 (requirements in relation to the introduction into the Union territory of specified wood originating in third countries where the specified organism is known to be present)
Commission Implementing Decision (EU) 2019/1615	Article 2 (prohibition on the introduction of the specified organism into the Union territory and on its spread within the Union territory)
Commission Implementing Decision (EU) 2019/1615	Article 5 (requirements in relation to the movement within the Union territory of specified plants intended for planting originating in the Union territory)
Commission Implementing Decision (EU) 2019/1615	Article 6 (requirements in relation to introduction into the Union territory of specified plants intended for planting originating in third countries)
Commission Implementing Decision (EU) 2019/1739	Article 2 (prohibition on the introduction of the specified organism into the Union territory and on its spread within the Union territory)
Commission Implementing Decision (EU) 2019/1739	Article 5 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries )
Commission Implementing Decision (EU) 2019/2032	. . .
Commission Implementing Decision (EU) 2019/2032	Article 6 (requirements in relation to the movement within the Union territory of specified plants)
Commission Implementing Decision (EU) 2019/2032	Article 7 (requirements in relation to the movement within the Union territory of certain wood and isolated bark originating in infested zones or demarcated areas)
Commission Implementing Decision (EU) 2019/2032	Article 8 (requirements in relation to the movement within the Union territory of wood packaging material originating in infested zones or demarcated areas)
Commission Implementing Decision (EU) 2019/2032	Article 9 (requirements in relation to the introduction into the Union territory of specified plants originating in non-European third countries)
Commission Implementing Decision (EU) 2019/2032	Article 10 (requirements in relation to the introduction into the Union territory of certain wood and isolated bark originating from non-European third countries)

SCHEDULE 5 — Amendments to secondary legislation

PART 1 — The Marketing of Vegetable Plant Material Regulations 1995

1

• (1) The Marketing of Vegetable Plant Material Regulations 1995 are amended as follows.

• (2) In regulation 2 (interpretation), in paragraph (1), after the definition of “Directive 2008/72/EC” insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ;

• (3) In regulation 8 (information to accompany plant material)—

• (a) in paragraph (2), for “Council Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”,

• (b) omit paragraph (5).

PART 2 — The Marketing of Ornamental Plant Propagating Material Regulations 1999

2

• (1) The Marketing of Ornamental Plant Propagating Materials Regulations 1999 are amended as follows.

• (2) In regulation 2 (interpretation), in paragraph (1)—

• (a) omit the definition of “Directive 2000/29/EC”,

• (b) before the definition of “inspector”, insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

• (c) after the definition of “the Minister”, insert—

“the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ;

• (3) In regulation 6A (further provisions relating to propagating material of Palmae), in paragraph (4), in the definition of “responsible official body”, for the words from “either the” to the end substitute “ the Scottish Ministers ”.

• (4) In regulation 7 (registration), for paragraph (4) substitute—

(4) Registration of a supplier on the register of professional operators for the purposes of the EU Plant Health Regulation is deemed to constitute registration for the purposes of paragraph (1).

• (5) In regulation 8 (measures to be taken by suppliers), in paragraph (3)—

• (a) for the words from “plant pest” to “Order 2005” substitute “ controlled plant pest as defined in regulation 2(1) of the Plant Health Official Controls Regulations ”,

• (b) for the words from “article 42” to “plant pests)” substitute “ the EU Plant Health Regulation ”.

• (6) In regulation 9 (information on propagating material), in paragraph (2), for “Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”.

• (7) In regulation 12 (propagating material produced in third countries), in paragraph (3), for the words from “article 9(1)” to the end substitute “ the EU Plant Health Regulation ”.

PART 3 — The Forest Reproductive Material (Great Britain) Regulations 2002

3

• (1) The Forest Reproductive Material (Great Britain) Regulations 2002 are amended as follows.

• (2) In regulation 2 (interpretation), in paragraph (2)—

• (a) at the appropriate place insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

• (b) in the definition of “plant passport”, for “Plant Health (Forestry) Order 2005” substitute “ EU Plant Health Regulation ”.

PART 4 — The Potatoes Originating in Egypt (Scotland) Regulations 2004

4

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PART 5 — The Plant Health (Potatoes) (Scotland) Order 2006

5

In the Plant Health (Potatoes) (Scotland) Order 2006 , in article 2 (interpretation), in paragraph (1), in the definition of “inspector”, for the words from “a person” to the end substitute “ a plant health inspector for the purposes of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”.

PART 6 — The Plant Health (Fees) (Scotland) Regulations 2008

6

• (1) The Plant Health (Fees) (Scotland) Regulations 2008 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) omit the definition of “authority”,

• (b) before the definition of “licence” insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ;

• (c) in the definition of “licence”, for the words from “a licence” to the end substitute—

(a) a licence that was granted by the Scottish Ministers under article 40 or, as the case may be, article 41 of the Plant Health (Scotland) Order 2005 ; or (b) an authorisation described in regulations 20(1)(a) and (b) and 21(2) of the Plant Health Official Controls Regulations;

• (d) omit the definition of “the 2005 Order”,

• (e) omit the definition of “plant passport”,

• (f) before the definition of “premises” insert—

“the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ;

• (3) In regulation 5A (fees for potato cyst nematode testing), for the words from “article 39(8)” to “2005 Order” substitute “ paragraph 4 of schedule 2 (specific measures relating certain solanaceous species) of the Plant Health Official Controls Regulations ”.

• (4) In schedule 1 (fees for inspections for plant passporting purposes), in column 1 of the table for “authority to issue plant passports” substitute “ authorisation to issue plant passports under Article 89 of the EU Plant Health Regulation ”.

PART 7 — The Waste Management Licensing (Scotland) Regulations 2011

7

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PART 8 — The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

8

• (1) The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 are amended as follows.

• (2) In regulation 2 (interpretation), in paragraph (1)—

• (a) after the definition of “the Directive” insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

• (b) omit the definition “intended for planting”,

• (c) after the definition of “normal working hours” insert—

“Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to rules referred to Article 1(2)(g) of that Regulation ;

• (d) in the definition of “plants”, for the words from “Article 2(1)(a)” to the end substitute “ Article 2 (definitions), point (1) of the EU Plant Health Regulation ”,

• (e) in the definition of “plant products”, for the words from “Article 2(1)(b)” to the end substitute “ Article 2 (definitions), point (2), first sub-paragraph of the EU Plant Health Regulation ”.

• (3) In regulation 3 (application of the import inspection fee), in paragraph (2)—

• (a) in sub-paragraph (a), in head (i), for the words from “in Annex” to the end substitute “ in Part A of Annex 11 or in Annex 12 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 , as amended from time to time; ”,

• (b) for sub-paragraph (b) substitute—

(b) is subject to— (i) official controls at a border control post in Scotland pursuant to Article 47(1) of the Official Controls Regulation; or (ii) any agreement made under the provisions of any delegated act that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union, adopted by the Commission under Article 51(1) (specific rules for official controls at border inspection posts) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC.

• (4) In regulation 5 (additional fees in respect of potatoes originating in Egypt and Lebanon)—

• (a) in paragraph (1), omit “or (3)”,

• (b) omit paragraph (3).

PART 9 — The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

9

• (1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) in paragraph (1)—

• (i) at the appropriate place insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC; “the Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to rules referred to Article 1(2)(g) of that Regulation;”; “WPM authorisation” means an authorisation referred to in Article 98(1) of the EU Plant Health Regulation;

• (ii) in the definition of “approved place of inspection” for “article 3 of the Order” substitute “ regulation 13 of Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”,

• (iii) for the definition of “controlled consignment” substitute—

“controlled consignment” means a consignment which— (a) is introduced into Scotland from a third country; and (b) consists of, or includes isolated bark or isolated wood of a type listed in Part A of Annex 11 or in Annex 12 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 , as amended from time to time, other than wood packaging material which is actually in use in the transport of objects of all kinds;

• (iv) omit the definitions of “the Directive”, “documentary check” and “identity check”,

• (v) for the definition of “licence” substitute—

“licence” means— (a) a licence which was granted by the Forestry Commissioners or by the Scottish Ministers under article 38 or 39 of the Plant Health (Forestry) Order 2005 ; or (b) an authorisation described in regulation 20(1)(a) or (b) or 21 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;

• (vi) omit the definitions of “the Order” and “plant health check”,

• (vii) in the definition of “plant passport authority”—

• (aa) for “authority”, in the second place where it occurs substitute “ authorisation ”,

• (bb) at the end omit “granted by the Forestry Commissioners or the Scottish Ministers under article 28 of the Order”,

• (viii) in the definition of “remedial notice”, for “served under article 31(1) or (4) or 33(3) of the Order” substitute “ served under regulations 8 or 15 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”,

• (ix) in the definition of “remedial work”, for “article 32(1) of the Order” substitute regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019”,

• (b) in paragraph (2), for “Order”, in both places where it occurs, substitute “ EU Plant Health Regulation or the Official Controls Regulation ”.

• (3) In regulation 3 (fees)—

• (a) in paragraph (2), after “activities” insert “ carried out by, or on behalf of Scottish Ministers ”,

• (b) after paragraph (5) insert—

(5A) The fee payable in connection with an application to the Scottish Ministers for a phytosanitary certificate or phytosanitary certificate for re-export is the fee specified in schedule 5A. (5B) The fee payable in connection with an application to the Scottish Ministers for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation is the fee specified in schedule 5B.

• (c) in paragraph (6), for “article 32(1) of the Order” substitute “ regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”.

• (4) After schedule 5 (fees for the carrying out or monitoring of remedial work) insert—

SCHEDULE 5A

Service	Fee
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate or a phytosanitary certificate for re-export	£15.00
The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time):
aup to and including the first hour;	£27.00
bthereafter, for each additional 15 minutes or part thereof	£7.50.

SCHEDULE 5B

Type of application	Fee
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation	£400.00
Application for a renewal of an existing WPM authorisation	£120.00
Application for a re-assessment for the purposes a WPM authorisation	£120.00

PART 10 — The Seed Potatoes (Scotland) Regulations 2015

10

• (1) The Seed Potatoes (Scotland) Regulations 2015 are amended as follows.

• (2) In regulation 2 (interpretation), in paragraph (1)—

• (a) after the definition of “Directive 2001/18/EC” insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

• (b) after the definition of “package” insert—

“the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ;

• (3) In regulation 10 (labelling of seed potatoes), for paragraph (8), substitute—

(8) No person may, in marketing or preparing for marketing any seed potatoes, wilfully reproduce, remove, alter, deface, conceal or misuse in any way, any official label, or official document which has been attached to or contained within the package or container of such seed potatoes in accordance with this regulation, unless such action is in accordance with the requirements of— (a) the Act; (b) these Regulations; (c) the EU Plant Health Regulation; or (d) an Order made under the Plant Health Act 1967.

• (4) In regulation 22 (consequential amendments), omit paragraph (2).

• (5) In schedule 1 (conditions for certification and grading of Scottish seed potatoes)—

• (a) in paragraph 4, for the words from “paragraph 1” to the end substitute “ paragraph 8 in Part 3 (measures for the control of Potato Wart Disease) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

• (b) in paragraph 5, in sub-paragraph (1), in head (d), for the words from “article 39(3)” to “Order 2005” substitute “ paragraph 2(3) (general restrictions on the planting of potatoes) in Part 2 (general provisions relating to the planting of certain solanaceous species) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

• (c) in paragraph 7, in sub-paragraph (b), for the words from “paragraph 7” to the end substitute “ paragraph 18 (notice that sampling unit is infested with Potato Cyst Nematode) in Part 4 (measures for the control of European populations of Potato Cyst Nematode) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

• (d) in paragraph 11, in sub-paragraph (b), for the words from “paragraph 7” to the end substitute “ paragraph 18 (notice that sampling unit is infested with Potato Cyst Nematode) in Part 4 (measures for the control of European populations of Potato Cyst Nematode) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

• (e) in paragraph 14, in sub-paragraph (b), for the words from “paragraph 7” to the end substitute “ paragraph 18 (notice that sampling unit is infested with Potato Cyst Nematode) in Part 4 (measures for the control of European populations of Potato Cyst Nematode) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”.

PART 11 — The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

11

• (1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 are amended as follows.

• (2) In regulation 2 (interpretation), in paragraph (1), after the definition of “Directive 2001/18/EC” insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

• (3) In regulation 8 (labelling, sealing and packaging), omit paragraph (5).

• (4) In regulation 10 (registration of suppliers), in paragraph (6), for the words from “plant trader” to “2005” substitute “ professional operator for the purposes of the EU Plant Health Regulation ”.

PART 12 — The Plant Health (Export Certification) (Scotland) Order 2018

12

• (1) The Plant Health (Export Certification) (Scotland) Order 2018 is amended as follows.

• (2) In article 2 (interpretation)—

• (a) after the definition of “consignment” insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ;

• (b) in the definition of “inspector”, for the words from “any person” to the end substitute “ a plant health inspector for the purposes of the Plant Health Official Controls Regulations; ”,

• (c) in the definition of “phytosanitary certificate”, for the words from “articles 7” to the end substitute “ Article 100 of the EU Plant Health Regulation; ”,

• (d) in the definition of “phytosanitary certificate for re-export”, for the words from “articles 7” to the end substitute “ Article 101 of the EU Plant Health Regulation; ”,

• (e) after the definition of “phytosanitary certificate for re-export” insert—

“the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;

• (f) omit the definition of “principal plant health Order”.

• (3) Omit article 3.

• (4) Omit article 5.

• (5) Omit article 6.

SCHEDULE 6 — Revocation of instruments

Column 1 Instrument revoked	Column 2 Reference	Column 3 Extent of revocation
The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004	S.I. 2004/1684	The whole instrument
The Plant Health (Scotland) Order 2005	S.S.I. 2005/613	The whole instrument
The Plant Health (Forestry) Order 2005	S.I. 2005/2517	The whole instrument
The Plant Health (Scotland) Amendment Order 2006	S.S.I. 2006/474	The whole instrument
The Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006	S.I. 2006/2695	The whole instrument
The Plant Health (Forestry) (Amendment) Order 2006	S.I. 2006/2696	The whole instrument
The Plant Health (Scotland) Amendment Order 2007	S.S.I. 2007/415	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2007	S.S.I. 2007/498	The whole instrument
The Plant Health (Scotland) Amendment Order 2008	S.S.I. 2008/300	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2008	S.S.I. 2008/350	The whole instrument
The Plant Health (Forestry) (Amendment) Order 2008	S.I. 2008/644	The whole instrument
The Plant Health (Scotland) Amendment Order 2009	S.S.I. 2009/153	The whole instrument
The Plant Health (Forestry) (Amendment) Order 2009	S.I. 2009/594	The whole instrument
The Plant Health (Forestry) (Amendment) (No. 2) Order 2009	S.I. 2009/3020	The whole instrument
The Plant Health (Scotland) Amendment Order 2010	S.S.I. 2010/206	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2010	S.S.I. 2010/342	The whole instrument
The Plant Health (Scotland) Amendment Order 2012	S.S.I. 2012/266	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2012	S.S.I. 2012/326	The whole instrument
The Plant Health (Forestry) (Amendment) Order 2012	S.I. 2012/2707	The whole instrument
The Plant Health (Scotland) Amendment Order 2013	S.S.I. 2013/5	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2013	S.S.I. 2013/187	The whole instrument
The Plant Health (Scotland) Amendment (No. 3) Order 2013	S.S.I. 2013/366	The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013	S.I. 2013/2691	The whole instrument
The Plant Health (Scotland) Amendment Order 2014	S.S.I. 2014/140	The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014	S.I. 2014/2420	The whole instrument
The Plant Health (Scotland) Amendment Order 2015	S.S.I. 2015/10	The whole instrument
The Plant Health (Scotland) Amendment Order 2016	S.S.I. 2016/83	The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016	S.I. 2016/1167	The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2017	S.I. 2017/1178	The whole instrument
The Plant Health (Scotland) Amendment Order 2018	S.S.I. 2018/112	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2018	S.S.I. 2018/283	The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2018	S.I. 2018/1048	The whole instrument
The Plant Health (Miscellaneous Amendments) (Scotland) Order 2019	S.S.I. 2019/242	The whole instrument
The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019	S.S.I. 2019/124	Regulations 2 to 15
The Plant Health (Scotland) Amendment Order 2019	S.S.I. 2019/290	The whole instrument

Signed

FERGUS EWING — A member of the Scottish Government

Explanatory note

(This note is not part of the Regulations)

Footnotes