
1 
This Order may be cited as the Plant Health (Scotland) Amendment (No. 2) Order 2007 and comes into force on 1st December 2007.
2 
The Plant Health (Scotland) Order 2005 is amended in accordance with articles 3 to 7.
3 

(1) In article 2(1)(general interpretation)–
(a) in the definition of “Directive 2000/29/EC”, after “2006/35/EC”, insert “2007/41/EC”;
(b) at the appropriate place, insert ““Decision 2007/365/EC” means Commission Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier), as amended from time to time;”.
(2) In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), Part A (plant pests not known to occur in any part of the European Community), after item 34 of “Insects, mites and nematodes” add–“
35 
Rhynchophorus ferrugineus (Olivier)”.
(3) 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) after item 57 insert–“
57a. Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC originating in any third country Without prejudice to the requirements in item 57, the plants, including those collected from natural habitats, shall be accompanied by an official statement that the plants meet the requirements of paragraph (a), (b) or (c) of point 1 of Annex I to Decision 2007/365/EC”.
(4) In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material) in 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 6 insert–“
6a. Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC The plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b), (c) or (d) of point 2 of Annex I to Decision 2007/365/EC”.
(5) In Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required), Part A (relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate), 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) and in Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Community without a plant passport), Part A (relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport), after item 1 insert–“
1a 
Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC.”.
4 

(1) In article 2(1)(general interpretation), at the appropriate place insert ““Decision 2007/433/EC” means Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O'Donnell, as amended from time to time;”.
(2) In Schedule 1(plant pests which shall not be landed in or spread within Scotland), Part A (plant pests not known to occur in any part of the European Community), after item 17 of “Fungi” add–“
18 
Gibberella circinata Nirenberg & O'Donnell”.
(3) 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), after item 2 insert–“
2a. Plants intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC, originating in any third country Without prejudice to the requirements in items 1, 2 and 3, the plants shall be accompanied by an official statement that–
(a) they originate in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and
(b) they meet the requirements of paragraph (a), (b) or (c) of point I of Annex I to Decision 2007/433/EC”.
(4) In Schedule 4, (restrictions on the landing in and movement within Scotland of relevant material), 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 1 insert–“
1a. Plants intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC Without prejudice to the requirements in item 7 of Part A of Schedule 6, the plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b) or (c) of point II of Annex I to Decision 2007/433/EC”.
(5) In Schedule 5, (relevant material from a third country for which a phytosanitary certificate may be required), Part A (relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate), after item 1 insert–“
1b 
Seeds and cones, intended for propagating, of the genera and specied referred to in Article 1(2) of Decision 2007/433/EC.”.
(6) 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) and in Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Community without a plant passport), Part A (relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport), after item 1 insert–“
1b 
Plants intended for planting, including seeddds and cones intended for propagating, of the genera and specied referred to in Article 1(2) of Decision 2007/433/EC.”.
5 

(1) In article 2(1) (general interpretation), at the appropriate place insert ““Decision 2007/410/EC” means Commission Decision 2007/410/EC on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid, as amended from time to time;”.
(2) 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), after item 37 insert–“
37a. Plants, intended for planting, including seeds, of the genera and species referred to in Article 1 of Decision 2007/410/EC, originating in any third country The plants shall be accompanied by an official statement that–
(a) they originate in and have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and
(b) they meet the requirements of paragraph (a), (b), (c) or (d) of point 1 of the Annex to Decision 2007/410/EC”.
(3) In Schedule 4, (restrictions on the landing in and movement within Scotland of relevant material), 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 20 insert–“
20a. Plants, intended for planting, including seeds, of the genera and species referred to in Article 1 of Decision 2007/410/EC The plants shall be accompanied by an official statement that they have been grown throughout their life or since their introduction into the European Community in a place of production which meets the requirements of paragraph (a), (b), (c) or (d) of point 2 of the Annex to Decision 2007/410/EC”.
(4) 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) and in Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Community without a plant passport), Part A (relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport)–
(a) after item 3, insert–“
3a 
Plants, intended for planting, including seeds, other than those in item 3, of the genera and species referred to in Article 1 of Decision 2007/410/EC.”; and
(b) for item 7(b), substitute–“
b. plants of Solanaceae, other than seeds and other than those in items 3 and 3a, intended for planting;”.
6 

(1) In article 2(1)(general interpretation), at the appropriate place insert ““Decision 2004/416/EC” means Commission Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil, as amended from time to time;”.
(2) 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) in the second column of items 15 and 17, after “third country” add “, other than Brazil”;
(b) after item 15 add–“
15a. Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in Brazil Without prejudice to the requirements in items 14, 16 and 18, the fruits shall be accompanied by an official statement that they meet the requirements of paragraph (a) or (b) of point 1 and of point 3 of the Annex to Decision 2004/416/EC”.
(c) in the third column of item 16, for “15, 17” substitute “15, 15a, 17, 17a”;
(d) after item 17 add–“
17a. Fruits of Citrus L., other than Citrus aurantium L., Fortunella Swingle or Poncirus Raf., originating in Brazil Without prejudice to the requirements in items 14, 16 and 18, the fruits shall be accompanied by an official statement that they meet the requirements of paragraph (a) or (b) of point 2 and of point 3 of the Annex to Decision 2004/416/EC”; and
(e) in the third column of item 18, for “17” substitute “17a”.
7 
In Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Community without a plant passport), Part B (relevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone), in item 3 for “or Sorbus L.” substitute “, Sorbus L. or Vitis L.”.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
6th November 2007