Citation and commencement

1. This Order may be cited as the Plant Health (Scotland) Amendment Order 2009 and comes into force on 15th May 2009.

Amendments to the Plant Health (Scotland) Order 2005

2. The Plant Health (Scotland) Order 2005(3) is amended in accordance with articles 3 to 8.

Amendment of Article 2

3. In article 2(1) (general interpretation), for the definition of "Directive 2000/29/EC" substitute-

""Directive 2000/29/EC" means 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(4);".

Amendment of Schedule 1

4. In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), in Part A (plant pests not known to occur in any part of the European Community), in the section "Insects, mites and nematodes"-

(a) after item 11 insert "11a Dendrolimus sibiricus Tschetverikov";

(b) for item 15 substitute "15 Diabrotica virgifera zeae Krysan & Smith"; and

(c) after item 26 insert "26a Rhynchophorus palmarum (L.)".

5. In Schedule 1, Part B (plant pests known to occur in the European Community) in the section "Insects, mites and nematodes", after item 1 insert "1a Diabrotica virgifera virgifera Le Conte".

Amendment of Schedule 2

6.–(1) In Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), Part A (plant pests not known to occur in the European Community)-

(a) in the section "Insects, mites and nematodes"-

(i) after item 1 insert-

(ii) omit item 23; and

(iii) after item 26 insert-

(b) in the section "Bacteria" in the second column in item 4 omit "fruit or";

(c) in the section "Fungi" after item 15 insert-

(d) in the section "Viruses and virus-like organisms" after item 5 insert-

(2) In Schedule 2, Part B (plant pests known to occur in the European Community) in the section "Insects, mites and nematodes"-

(a) after item 7 insert-

(b) after item 11(5) insert-

Amendment of Schedule 4

7.–(1) In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), Part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied)-

(a) after item 7 insert-

(b) in item 11, for "requirements in items 60, 61 and 64" in column (3) substitute "provisions applicable to the plants in item 7";

(c) after item 35 insert-

(d) omit item 39;

(e) after item 43 insert-

(f) after item 57a(6) insert-

(2) In Schedule 4, Part B (relevant material, from another part of the European Community, which may only be landed in or moved within Scotland if special requirements are satisfied), after item 22 insert-

Amendment of Schedule 6

8. In Schedule 6 (prohibitions on the landing in and movement within Scotland of relevant material without a plant passport), Part A (relevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport), after paragraph 7(c) insert-

"(ca) Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.;".

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 ("the principal Order") so as to implement Commission Directive 2009/7/EC amending Annexes I, II, IV and 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 (O.J. No. L 40, 11.2.2009, p.12).

Articles 4 to 8 make various amendments to Schedules 1, 2, 4 and 6 to the principal Order so as to apply new restrictions on the introduction into Scotland of certain plants and plant pests. The following harmful organisms, which are so far not known to be present in the Community, have been added to the list of prohibited organisms:-

@AMP@ndash; Dendrolimus sibiricus (Siberian coniferous silk moth),

@AMP@ndash; Rhynchophorus palmarum (American palm weevil),

@AMP@ndash; Agrilus planipennis (Emerald ash borer) on plants of Fraxinus, Juglans mandshurica, Ulmus davidiana, Ulmus parvifolia and Pterocarya rhoifolia,

@AMP@ndash; Chrysanthemum stem necrosis virus on plants of Dendranthema and Lycopersicon lycopersicum,

@AMP@ndash; Scrobipalpopsis solanivora (Guatemalan potato moth) on tubers of Solanum tuberosum,

@AMP@ndash; Stegophora ulmea (Elm black spot) on plants of Ulmus and Zelkova, intended for planting other than seeds.

Amendments are also made to controls on pests which are known to be present in the community, namely-

@AMP@ndash; Parasaissetia nigra (Nietner) (Nigra scale); and

@AMP@ndash; Paysandisia archon (Burmeister) (Palm borer).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. A Transposition Note has been provided.