PART 1Introductory

Citation, commencement and extent

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

(a)on the day on which section 81 of the Forestry and Land Management (Scotland) Act 2018(2) comes into force, or

(b)if exit day(3) is on or after that day, on exit day.

(2) These Regulations extend to Scotland only.

PART 2Amendment of the Plant Health (Forestry) Order 2005

2.  The Plant Health (Forestry) Order 2005(4) is amended as follows.

3.  In article 2-

(a)in paragraph (1)-

(i)at the appropriate places insert-

""appropriate UK plant health authority" means-

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

""Decision (EU) 2018/1503" means Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union of Aromia bungii (Faldermann)(5), as amended from time to time, before and after exit day(6);",

""ISPM No. 9" means International Standard for Phytosanitary Measures No. 9 of November 1998 on the guidelines for pest eradication programmes, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(7);",

""ISPM No. 14" means International Standard for Phytosanitary Measures No. 14 of March 2002 on the use of integrated measures in a systems approach for pest risk management, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(8);",

""ISPM No. 31" means International Standard for Phytosanitary Measures No. 31 of April 2008 on methodologies for sampling consignments, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(9);",

""the list of controlled material" means schedule 6;",

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

""the list of prohibited imported material" means schedule 3;",

""the list of prohibited infested material" means schedule 2;",

""the list of prohibited tree pests" means schedule 1;",

""the list of regulated material" means schedule 4;",

""list of Xylella host plants" means the list of relevant material contained in the database maintained by the European Commission of host plants found to be susceptible to Xylella fastidiosa in the EU, as amended from time to time(10);",

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

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

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

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

""the Plant Health Regulations" means the Plant Health (EU Exit) Regulations  2019(11);",

""point of entry" means-

""regulated tree pest" means-

""relevant Plant Health Order" means-

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

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

""UK territory" means England, Wales, Scotland or Northern Ireland;",

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

(iii)in the definition of "authorised officer", for paragraphs (a) to (c) substitute-

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

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

(iv)for the definition of "consignment" substitute-

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

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

(vi)for the definition of "Decision 2012/138/EU"(17) substitute-

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

(vii)for the definition of "Decision 2012/535/EU"(20) substitute-

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

(viii)for the definition of "Decision (EU) 2015/789"(23) substitute-

""Decision (EU) 2015/789" means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)(24), as amended from time to time, before and after exit day(25);",

(ix)for the definition of "Decision (EU) 2015/893"(26) substitute-

""Decision (EU) 2015/893" means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky)(27), as amended from time to time, before and after exit day(28);",

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

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

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

(xiii)omit the definition of "landed",

(xiv)for the definition of "lot" substitute-

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

(xv)in the definition of "national plant protection organisation", for "European Commission", substitute "national plant protection organisation of the United Kingdom",

(xvi)in the definition of "official", for "responsible official body" substitute "appropriate UK plant health authority,",

(xvii)omit the definitions of "official body of destination", "official body of point of entry" and "official documentation",

(xviii)in the definition of "official label", for the words from "responsible" to the end substitute "appropriate UK plant health authority",

(xix)in the definition of "official statement", for "plant passport" substitute "UK plant passport",

(xx)omit the definition of "the OPM protected zone"(30),

(xxi)in the definitions of "phytosanitary certificate" and "phytosanitary certificate for re-export" for "articles 7 and" substitute "article",

(xxii)omit the definitions of "plant health check", "plant health movement document" and "plant passport",

(xxiii)for the definition of "planting" substitute-

""planting" means any operation for the placing of plants to ensure their subsequent growth, reproduction or propagation;",

(xxiv)omit the definition of "protected zone",

(xxv)omit the definition of "Regulation (EC) No 690/2008",

(xxvi)omit the definition of "responsible official body",

(xxvii)omit the definitions of "solid fuel wood"(31) and "Swiss plant passport",

(xxviii)for the definition of "third country" substitute-

""third country" means-

(b)after paragraph (1) insert-

"(1A) Unless expressly provided otherwise, any reference in this Order to a genus or species is to be construed as a reference to that genus or species or to any of its hybrids.

(1B) Any reference to a numbered CN Code is a reference to the code set out in Annex 1 to Council Regulation 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff(32) as it has effect in EU law immediately before exit day.",

(c)omit paragraph (2),

(d)omit paragraph (3A),

(e)omit paragraph (5).

4.  In article 2A-

(a)in paragraph (1), omit sub-paragraphs (a) and (aa)(33),

(b)after paragraph (1) insert-

"(1B) The functions of an inspector under articles 9, 10B, 12, 12B, 13, 23 and 31(1) to (3) are exercisable in relation to tree pests and relevant material which are brought into a point of entry that is located in Scotland, by an inspector authorised by the Scottish Ministers.",

(c)in paragraph (3), omit sub-paragraphs (a) and (aa),

(d)after paragraph (3) insert-

"(3B) The functions of an inspector under articles 31(4) to (7), 32, 40 and 41B are exercisable in relation to premises or a free zone in Scotland, by an inspector authorised by the Scottish Ministers.".

5.  In article 3-

(a)at the appropriate places insert-

""correct phytosanitary certificate", in relation to notifiable relevant material, means a phytosanitary certificate or phytosanitary certificate for re-export which has been issued-

""designated area of plant health control", in relation to notifiable relevant material, means a place close to a point of entry which has been designated as an area of plant health control by the Scottish Ministers and the Commissioners for Her Majesty's Revenue and Customs;",

""EU transit material" means any notifiable relevant material from a third country, other than a country or territory in the European Union, which is consigned to the United Kingdom via the European Union and which was not, on its entry into the European Union, subject to-

""notifiable relevant material" means any relevant material-

"notified EU material" means any notifiable relevant material originating in the European Union or Switzerland which is intended to be, or has been, consigned to the United Kingdom from the European Union or Switzerland via a point of entry in Scotland and whose arrival in Scotland has been notified to the Scottish Ministers in accordance with article 6(2B);",

""prescribed requirements", in relation to any notifiable relevant material, means-

""trade documents" in relation to a consignment of notifiable relevant material, means the invoice, delivery note, consignment note or other similar document;",

(b)for "approved place of inspection" substitute-

""approved place of inspection", as regards Scotland, means a place which has been approved by the Scottish Ministers under article 17B or, in relation to other UK territories, by the appropriate UK plant health authority under equivalent provisions of the relevant Plant Health Order;",

(c)omit the definitions of "Customs Code" and "customs document",

(d)omit the definitions of "identity check" and "industry certificate".

6.  Omit article 4.

7.  After article 4 insert-

"Application of Part 2: Scotland

4B.  This Part applies to tree pests and relevant material which are brought into Scotland from a third country, whether directly or via another UK territory.".

8.  In article 5-

(a)in the heading, for "landing" substitute "bringing in",

(b)omit paragraphs (1) and (1A),

(c)after paragraph (1A) insert-

"(1B) No person may bring any of the following into Scotland-

(a)any tree pest of a description specified in the list of prohibited tree pests;

(b)any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a tree pest of a description specified in the corresponding entry in respect of that description of relevant material in column 3;

(c)any tree pest which, although not specified in the list of prohibited tree pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

(d)any relevant material of a description specified in column 2 of Part A or B of the list of prohibited imported material which originates in a third country specified in the corresponding entry in respect of that description of relevant material in column 3;

(e)any relevant material of a description specified in column 2 of Part A or D of the list of regulated material, unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with;

(f)in the case of any relevant material which is destined for a pest free area, any tree pest of a description specified in column 2 of Part B of the list of prohibited tree pests which relates to that pest free area;

(g)in the case of any relevant material which is destined for a UK pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of Part C of that list which is carrying or infested with a tree pest of a description specified in the corresponding entry in column 3;

(h)in the case of any relevant material which is destined for a UK pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that Part, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with.",

(d)in paragraph (2), for "paragraph (1)(d)" substitute "paragraph (1B)(d)",

(e)after paragraph (2) insert-

"(4) The prohibitions in paragraph (1B)(b) to (h) do not apply to relevant material which enters a point of entry that is located in another UK territory and is discharged in that territory in accordance with article 3 of the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005(38), article 11 of the Plant Health (Wood and Bark) Order (Northern Ireland) 2006(39) or article 12 of any other relevant Plant Health Order.".

9.  In article 6-

(a)in the heading, for "landing" substitute "arrival",

(b)omit paragraphs (1), (1A), (2) and (2A)(40),

(c)after paragraph (2A) insert-

"(2B) No person may bring any notifiable relevant material into a point of entry that is located in Scotland, unless notice is given in accordance with this article.",

(d)in paragraph (3)-

(i)in the words before sub-paragraph (a), for "paragraph (1)" substitute "paragraph (2B)",

(ii)in the words after sub-paragraph (b), for " relevant material is landed" substitute "relevant material's arrival",

(e)in paragraph (4), for "paragraph (1)" substitute "paragraph (2B)",

(f)in paragraph (5)-

(i)for "paragraph (1)" substitute "paragraph (2B)",

(ii)for "landing" substitute "arrival".

10.  After article 6 insert-

"EU transit material: Scotland

6B.-(1) (1)No person may bring any EU transit material into a RoRo port that is located in Scotland, unless that material is destined for a single approved place of inspection.

(2) Paragraph (1) is subject to article 8(1A).

(3) In this article, "RoRo port" means-

(a)a RoRo listed location within the meaning of regulation 130 of the Customs (Import Duty) (EU Exit) Regulations 2018(41); or

(b)if a notice has not been published pursuant to regulation 130(1) of those Regulations, a point of entry that-

(i)predominantly services roll-on/roll-off ferries operating between Scotland and a member State; and

(ii)is listed in a notice published by the Scottish Ministers from time to time.".

11.  In article 7-

(a)omit paragraph (1),

(b)after paragraph (1) insert-

"(1A) Subject to article 8 and to paragraph (6), no person may bring any notifiable relevant material into a point of entry that is located in Scotland unless the material is accompanied by one of following certificates which certifies that the material meets the prescribed requirements-

(a)a phytosanitary certificate issued in the country in which that material originates or in the country from which it was consigned;

(b)where paragraph (2) applies, a phytosanitary certificate for re-export.",

(c)omit paragraph (4),

(d)in paragraph (6)-

(i)in the words before sub-paragraph (a), for "paragraph (1)" substitute "paragraph (1A)",

(ii)in sub-paragraph (a), for "landed in" substitute "brought into",

(iii)in sub-paragraph (b)-

(aa)for "landed in" substitute "brought into",

(bb)for "European Union" substitute "United Kingdom",

(e)omit paragraph (7).

12.  In article 8-

(a)omit paragraph (1),

(b)after paragraph (1) insert-

"(1A) The provisions referred to in paragraph (1B) do not apply to-

(a)any tree or wood described in paragraph (2) originating in any third country, other than the European Union or Switzerland, which is brought into Scotland in the baggage of a passenger or other traveller coming from any such third country and meets the conditions in paragraph (1C); or

(b)any small quantity of relevant material originating in the European Union or Switzerland which is brought into Scotland in the baggage of a passenger or other traveller coming from the European Union or Switzerland and meets the conditions in paragraph (1C).

(1B) The provisions are-

(a)article 5(1B)(e) and (h);

(b)article 6(2B);

(c)article 6B(1);

(d)article 7(1A);

(e)article 10B;

(f)article 12B.

(1C) The conditions are that the relevant material-

(a)does not show any signs of the presence of a tree pest;

(b)is not intended for use in the course of a trade or business;

(c)is intended for household use; and

(d)in the case of any tree or wood originating in a third country, other than the European Union or Switzerland, has been grown in or consigned from the Euro-Mediterranean area.",

(c)in paragraph (2), in the words before sub-paragraph (a), for "paragraph (1)" substitute "paragraph (1A)".

13.  In article 9-

(a)omit paragraphs (1) and (2),

(b)after paragraph (2) insert-

"(2A) The following documents must be delivered to an inspector by the importer of a consignment of notifiable relevant material within three days of the date of its arrival in Scotland-

(a)any phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7(1A) to accompany the consignment of notifiable relevant material; and

(b)in the case of notified EU material, the trade documents which accompany the consignment.

(2B) The importer of a consignment of notifiable relevant material must include in a customs document relating to the consignment-

(a)a statement that "this consignment contains produce of phytosanitary relevance";

(b)the reference number of the phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7(1A) to accompany the consignment; and

(c)the registration number of the importer.",

(c)after paragraph (3) insert-

"(6) Paragraph (2A) does not apply to any notifiable relevant material which is in the course of its consignment to an approved place of inspection in another UK territory.

(7) In paragraph (2B), "customs document" means a document required by the Commissioners for Her Majesty's Revenue and Customs for placing relevant material under a Customs procedure within the meaning of section 3(3) of the Taxation (Cross-border Trade) Act 2018(42).".

14.  Omit article 10.

15.  After article 10 insert-

"Prohibitions applying to notifiable relevant material on entry: Scotland

10B.-(1) This article applies to notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in Scotland.

(2) No person may move any notifiable relevant material or cause any notifiable relevant material to be moved from its point of entry unless the material is being moved to a designated area of plant health control or an approved place of inspection.

(3) No person may remove or cause any notifiable relevant material to be removed from its point of entry, or where the material is moved to a designated area of plant health control or an approved place of inspection in Scotland, the designated area of plant health control or approved place of inspection, unless an inspector has discharged the material under article 12 or the removal of the material is permitted under Part 6.

(4) Any notifiable relevant material which is being held at a point of entry or a designated area of plant health control under paragraph (3) must be stored by the importer under the supervision and in accordance with the instructions of an inspector.

(5) The importer is liable for the costs of storing the notifiable relevant material pending its release.".

16.  In article 11-

(a)in the words before paragraph (a), for "article 10(1)" substitute "article 10B(3)",

(b)in paragraph (c), for "European Union" substitute "United Kingdom".

17.  In article 12-

(a)omit paragraphs (1) and (2),

(b)after paragraph (2) insert-

"(2A) Paragraph (2B) applies to any notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in Scotland and is not in the course of its consignment to an approved place of inspection in another UK territory.

(2B) An inspector may discharge notifiable relevant material from its point of entry, designated area of plant health control or approved place of inspection in Scotland if the inspector is satisfied that-

(a)the material meets the prescribed requirements;

(b)the relevant material corresponds with the description given to it in the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on entry; and

(c)the relevant material is accompanied by the correct phytosanitary certificate.",

(c)in paragraph (3), for "paragraph (2)(a) to (e)" substitute "paragraph (2B)(a)",

(d)omit paragraph (4),

(e)after paragraph (4) insert-

"(4B) An inspector may, for the purpose of being satisfied as to matters in paragraph (2B)(b), carry out an examination of a consignment of relevant material to determine whether it corresponds to its description in the documents that accompany it.",

(f)omit paragraphs (5) and (6),

(g)in paragraph (7)-

(i)in the words before sub-paragraph (a), for "paragraph (2)(g)" substitute "paragraph (2B)(c)",

(ii)in sub-paragraph (a), for the words from "the date" to the end substitute "date it",

(iii)omit sub-paragraph (b) and the preceding "; and",

(h)in paragraph (8)-

(i)for "a plant health check" substitute "an examination under paragraph (3)",

(ii)for "checks" substitute "examination".

18.  After article 12 insert-

"Requirements applicable to notified EU material: Scotland

12B.-(1) This article applies to notified EU material which is brought into a point of entry that is located in Scotland.

(2) An inspector must carry out an examination of-

(a)the phytosanitary certificate or phytosanitary certificate for re-export accompanying a consignment of notified EU material to confirm that the consignment is accompanied by the correct phytosanitary certificate; and

(b)the trade documents that accompany the consignment to confirm that those documents correspond to the description of the relevant material in the phytosanitary certificate or phytosanitary certificate for re-export.".

19.  In article 14(1), for the words from "under customs" to the end substitute "subject to the control of an officer of Revenue and Customs within the meaning of schedule 1 of the Taxation (Cross-border Trade) Act 2018".

20.  In article 15-

(a)omit paragraph (2),

(b)in paragraph (3)-

(i)in sub-paragraph (a), omit "the responsible official body or",

(ii)in sub-paragraph (b), for "one of the official languages of the European Union", substitute "English",

(iii)omit sub-paragraph (c),

(iv)in sub-paragraph (d), for "Plant Protection Organisations of the Member States of the European Union", substitute "the Plant Protection Organisation of the United Kingdom",

(c)omit paragraph (4),

(d)after paragraph (4) insert-

"(4B) Where in relation to any relevant material of a description specified in column 2 of Part A, C or D of the list of regulated material, more than one set of entry requirements is specified in the corresponding entry in column 3 of Part A, C or D of that list, the phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of that description must specify under the heading "Additional declaration" which particular requirement has been complied with.".

21.  Omit article 16.

22.  After article 16 insert-

"Requirements to be met by relevant material destined for an approved place of inspection: Scotland

16B.-(1) This article applies to notifiable relevant material, other than notified EU material, which is destined for an approved place of inspection.

(2) Any relevant material to which this article applies may not be moved within Scotland unless-

(a)it is accompanied by a copy of the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on its entry into the United Kingdom;

(b)its packaging and the vehicle in which it is transported is sealed in such a way that there is no risk of the relevant material causing infestation, infection or contamination or a change occurring in the identity of the material or, where the material is destined for an approved place of inspection in Scotland, its movement has been otherwise authorised by the Scottish Ministers.

(3) The importer of any relevant material which is destined for an approved place of inspection in Scotland must give the Scottish Ministers notice of the following particulars no later than three working days before the material is brought into the United Kingdom-

(a)the name, address and location of the approved place of inspection to which the relevant material is destined;

(b)the scheduled date and time of arrival of the relevant material at the approved place of inspection;

(c)the name, address and registration number of the importer;

(d)the reference number of the phytosanitary certificate or phytosanitary certificate for re-export accompanying the relevant material.

(4) The importer must notify the Scottish Ministers immediately of any changes to the particulars which the importer has given under paragraph (3).

(5) The notice must be given to the Scottish Ministers at the address given by the Scottish Ministers for the purposes of this article.".

23.  Omit article 17.

24.  After article 17 insert-

"Approved places of inspection: Scotland

17B.-(1) The Scottish Ministers may approve premises which are not located at a point of entry or are not part of a designated area of plant health control as a place at which appropriate checks may be carried out by an inspector in respect of notifiable relevant material, other than notified EU material.

(2) An application for approval under paragraph (1) may be made to the Scottish Ministers by an importer or other person responsible for those premises in such form and containing such information as the Scottish Ministers may specify.

(3) An approval may be granted subject to conditions, including conditions relating to the storage of the relevant material, and may be withdrawn at any time if the Scottish Ministers no longer consider that the premises to which the approval relates are suitable for the purpose for which the approval was given.

(4) The Scottish Ministers may only approve premises as an approved place of inspection in respect of notifiable relevant material, other than EU transit material, if the premises have been designated or approved by the Commissioners for Her Majesty's Revenue and Customs for that purpose.

(5) In the case of any other premises, the Scottish Ministers may only approve those premises as an approved place of inspection for the purpose of carrying out appropriate checks in respect of EU transit material.

(6) In this article, "appropriate checks", in relation to a consignment of notifiable relevant material, means-

(a)an examination of the phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment to determine whether it is the correct phytosanitary certificate;

(b)an examination of the consignment to determine whether it corresponds to its description in the trade documents that accompany it;

(c)an examination of the consignment and its packaging, and where necessary, the vehicle transporting the consignment to determine whether it meets the prescribed requirements.".

25.  In Part 3, in the heading, omit "Community".

26.  Omit articles 18 and 19.

27.  After article 19 insert-

"Prevention of the spread of tree pests: Scotland

19B.-(1) This article applies to Scotland.

(2) No person may knowingly keep, store, sell, plant or move or knowingly cause or permit to be kept, stored, sold, planted or moved-

(a)any tree pest of a description specified in the list of prohibited tree pests;

(b)any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a plant pest of a description specified in the corresponding entry in column 3;

(c)any tree pest which, although not specified in the list of prohibited tree pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

(d)any relevant material of a description specified in column 2 of Part E of the list of regulated material which originates in the United Kingdom or a CD territory unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with;

any relevant material originating in a third country which is brought into Scotland in contravention of article 5(1B)(d) or (e).

(3) No person may knowingly keep, store, plant, sell or move within a pest free area or knowingly cause or permit to be kept, stored, planted, sold or moved within such an area-

(a)any tree pest of a description specified in column 2 of Part B of the list of prohibited tree pests which relates to the pest free area;

(b)in the case of any pest free area which is, or is included in, a UK pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of that Part which is carrying or infested with a tree pest of a description specified in the corresponding entry in column 3;

(c)any relevant material originating in a third country which is brought into a pest free area in contravention of article 5(1B)(h);

(d)in the case of any pest free area which is, or is included in, a UK pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that Part which originates in the United Kingdom or a CD terrirtory, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with.

(4) The prohibitions in paragraphs (2) and (3) do not apply to any tree pest or relevant material which is required to be kept, stored or moved in compliance with a requirement imposed by an inspector under Part 6 or 7.

(5) In this article, "move" means "move or otherwise dispose of", and "moved" is to be construed accordingly.".

28.  Omit article 20.

29.  After article 20 insert-

"Requirements for UK plant passports: Scotland

20B.-(1) No person may move any of the following relevant material into or within Scotland unless it is accompanied by a UK plant passport-

(a)any relevant material of a description specified in the list of controlled material which originates in the United Kingdom or a CD territory;

(b)any relevant material that has been discharged by the Scottish Ministers under article 12(2B) or by another appropriate UK plant health authority in an equivalent manner;

(c)in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of controlled material which originates in the European Union or Switzerland and was notified to the Scottish Ministers in accordance with article 6(2B), or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order.

(2) No person may move any of the following relevant material into or within a pest free area unless it is accompanied by a UK plant passport which is valid for that pest free area or the UK pest free area of which it is a part-

(a)any relevant material of a description, specified in the list of pest free area controlled material in respect of the relevant UK pest free area, which originates in the United Kingdom or a CD territory;

(b)any relevant material of a description specified in the list of pest free area controlled material in respect of the relevant UK pest free area that has been discharged by the Scottish Ministers under article 12(2B) or by another appropriate UK plant health authority in an equivalent manner;

(c)in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of pest free area controlled material in respect of the relevant UK pest free area which-

(i)originates in the European Union or Switzerland; and

(ii)was notified to the Scottish Ministers in accordance with article 6(2B), or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order.

(3) No person may consign from Scotland to another UK territory or a CD territory any of the following relevant material originating in Scotland unless it is accompanied by a UK plant passport-

(a)in the case of relevant material destined for England, any relevant material of a description specified in Part A of schedule 6;

(b)in the case of relevant material destined for a place in England which is within a UK pest free area, any relevant material of a description specified in Part B of schedule 6 in respect of that UK pest free area;

(c)in the case of relevant material destined for Northern Ireland or Wales, any relevant material of a description specified in the list of controlled material;

(d)in the case of relevant material destined for a place in Northern Ireland or Wales which is within a UK pest free area, any relevant material of a description, specified in the list of pest free area controlled material in respect of that UK pest free area;

(e)in the case of relevant material destined for a CD territory, any relevant material of a description specified for the purposes of this paragraph in the applicable plant health legislation of that CD territory.

(4) In the case of any relevant material originating in a place of production in Scotland, a UK plant passport may only be issued in respect of that material if the material has been subjected to a satisfactory inspection at the place of production.

(5) The requirements in paragraphs (1)(b) and (2)(b) do not apply to any notified EU material moving from its point of entry to its first destination in the United Kingdom if it is accompanied by a copy of the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on its entry into the United Kingdom.

(6) In this Article, "notifiable relevant material" and "notified EU material" have the same meanings as in Part 2 (see article 3).".

30.  In article 21-

(a)in paragraph (1), for the words from the beginning to "passport" substitute "Article 20B(1)(a), (2)(a) and (3)",

(b)omit paragraph (2A).

31.  Omit article 22.

32.  After article 22 insert-

"Validity of UK plant passports: Scotland

22B.-(1) This article applies to relevant material of a description specified in the list of pest free area controlled material which relates to a pest free area and which is moved through a pest free area to a destination outside the relevant UK pest free area.

(2) The requirements in article 20B(2) do not apply if the relevant material-

(a)originates outside the relevant UK pest free area;

(b)is accompanied during its transit through the pest free area by a document of a type normally used for trade purposes which certifies that the material originates outside the relevant UK pest free area and is in transit to a final destination outside the relevant UK pest free area and the conditions in paragraph (3) are met.

(3) The conditions are that-

(a)the packaging in which the relevant material is transported and any vehicle which is used to transport the material is free from soil and plant debris and any relevant tree pest;

(b)the material was sealed immediately after packaging or, where appropriate, after loading, and remains sealed during its journey through the relevant UK pest free area;

(c)the nature or construction of the packaging in which the material is transported and any vehicle which is used to transport the material are sufficient to ensure that there is no risk of any relevant tree pest which may be present in or on the relevant material escaping.

(4) In this article-

(a)"relevant UK pest free area", in relation to any relevant material of a description specified in the list of pest free area controlled material, means the pest free area which is, or is part of, the UK pest free area that has been designated in respect of that material;

(b)"relevant tree pest", in relation to a UK pest free area, means the tree pest in respect of which the UK pest free area has been designated.".

33.  In article 23-

(a)in the heading, for "plant passports" substitute "UK plant passports",

(b)in paragraphs (1) to (4), for "plant passport", in each place it occurs, substitute "UK plant passport",

(c)in paragraph (4)(b)(ii), for "tree pest specified in either Schedule 1 or 2" substitute "regulated tree pest".

34.  In Part 4, in the heading, for "PLANT PASSPORTS" substitute "UK PLANT PASSPORTS".

35.  In article 24, omit paragraph (4).

36.  In article 28-

(a)in the heading and paragraphs (1), (4), (5) and (6), for "plant passports", in each place it occurs, substitute "UK plant passports",

(b)in paragraph (7), for sub-paragraphs (a) and (b) substitute "a regulated tree pest.".

37.  Omit Part 5.

38.  In article 30-

(a)in paragraph (1)(b), for "plant passport" substitute "UK plant passport",

(b)in paragraph (7), omit ", including representatives of the European Commission,".

39.  After article 30 insert-

"Emergency measures: Scotland

30B.-(1) Where a regulated tree pest is found to be present in Scotland, the Scottish Ministers may by notice-

(a)demarcate an area in relation to that infestation for the purpose of eradicating or containing that tree pest; and

(b)specify the prohibitions and restrictions which are to apply in the demarcated area for that purpose.

(2) A notice under paragraph (1)-

(a)must be in writing;

(b)must describe the extent of the demarcated area;

(c)must specify the date on which any such prohibitions or restrictions are to commence;

(d)must be published in a manner appropriate to bring it to the attention of the public; and

(e)may be amended or revoked, in whole or in part, by further notice.

(3) This article is subject to article 37A and schedules 12A to 12G.".

40.  In article 31-

(a)in paragraph (1), for "landed" substitute "brought into a point of entry located",

(b)in paragraph (2)-

(i)in sub-paragraph (a), for "landed" substitute "brought into the point of entry",

(ii)in sub-paragraph (b), for "landed" substitute "brought in",

(c)in paragraph (3)-

(i)in sub-paragraph (a), for "landing" substitute "bringing in",

(ii)in sub-paragraph (b)-

(aa)for "the landing is to be carried out" substitute "any tree pest or relevant material is to be brought in",

(bb)for "to the landing" substitute "to its entry",

(d)in paragraph (5)-

(i)for sub-paragraph (a) substitute-

"(a)a regulated plant pest;",

(ii)omit sub-paragraph (c) and the preceding "and",

(e)in paragraph (6)(b)-

(i)for "landing" substitute "bringing in",

(ii)omit "or 18",

(iii)for "article 19" substitute "article 19B".

41.  In article 32-

(a)for paragraph (2)(a) substitute-

"(a)a regulated tree pest;",

(b)in paragraph (4), omit ", including representatives of the European Commission,".

42.  In article 36(2), omit ", including representatives of the European Commission,".

43.  After article 37 insert-

"Further emergency measures: Scotland

37A.-(1) The following schedules make provision about emergency measures.

(2) Schedule 12A makes miscellaneous provision about emergency measures.

(3) Schedule 12B makes provision about emergency measures in respect of Gibberella circinata Nirenberg & O'Donnell.

(4) Schedule 12C makes provision about emergency measures in respect of Anoplophora chinensis (Forster).

(5) Schedule 12D makes provision about emergency measures in respect of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode).

(6) Schedule 12E makes provision about emergency measures in respect of Xylella fastidiosa (Wells et al.).

(7) Schedule 12F makes provision about emergency measures in respect of Anoplophora glabripennis (Motschulsky).

(8) Schedule 12G makes provision about emergency measures in respect of Aromia bungii (Faldermann).".

44.  In article 38-

(a)in paragraph (1)-

(i)for "landed," substitute "imported into or",

(ii)before sub-paragraph (a) insert-

"(zb)in the case of any licence granted by the Scottish Ministers, in exercise of any derogation permitted by schedule 7A,",

(iii)omit sub-paragraph (a),

(iv)in sub-paragraph (b) for " domestic quarantine tree pest" substitute "any tree pest or relevant material",

(b)in paragraph (2), for "(1)(b)" substitute "(1)",

(c)omit paragraph (3).

45.  In article 39-

(a)in the heading, omit the words "permitted by Directive 2008/61/EC",

(b)omit paragraphs (1) and (2),

(c)after paragraph (2) insert-

"(2A) The Scottish Ministers must by licence authorise the importation, movement or keeping of any tree pest or relevant material for any activity for trial or scientific purposes or for work on varietal selections in Scotland, where the importation, movement or keeping of the tree pest or relevant material for any such purpose would otherwise be prohibited by this Order, if the Scottish Ministers-

(a)have received an application for a licence containing the information set out in Part A of schedule 13B; and

(b)are satisfied that the general conditions set out in Part B of schedule 13B are met in relation to the application.

(2B) A licence granted under paragraph (2A) must be in writing and include-

(a)the conditions specified in Part C of schedule 13B which are relevant to any tree pest or relevant material that is the subject of the activities to which the licence relates;

(b)any other conditions as the Scottish Ministers may determine in relation to licence quarantine measures that are appropriate in respect of those activities.",

(d)in paragraph (3), for "sub-paragraph (b) or (c) of paragraph (2)" substitute "paragraph (2B)(b)",

(e)in paragraph (4), for "paragraph (1)" substitute "paragraph (2A)",

(f)in paragraph (5), for "the tree pests listed in this Order" substitute "any regulated tree pest",

(g)omit paragraph (6),

(h)in paragraph (7)-

(i)after sub-paragraph (a) insert-

"(aa)"licence quarantine measures", as regards Scotland, means the measures specified in Part D of schedule 13B",

(ii)omit sub-paragraph (b).

46.  In article 40-

(a)omit paragraph (2),

(b)after paragraph (2) insert-

"(2B) In paragraph (1), "notifiable tree pest", as regards Scotland, means a regulated tree pest or any other tree pest, which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain.".

47.  Omit article 41.

48.  After article 41 insert-

"Notification of the likely entry into, or presence in, a free zone of tree pests or relevant material: Scotland

41B.-(1) The responsible authority for a free zone in Scotland who knows or suspects that any of the following is likely to be brought into the free zone, or is present in the free zone and has not been cleared out of charge, must immediately give notice of that fact to the Scottish Ministers or an inspector-

(a)any regulated tree pest;

(b)any other tree pest which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

(c)any relevant material of a description specified in column 2 of Part A or B of the list of prohibited imported material which originates in a third country specified in the corresponding entry in respect of that description of relevant material in column 3.

(2) Where a person gives notice in accordance with paragraph (1) orally, the person must confirm it in writing as soon as reasonably practicable.

(3) In this article, "responsible authority" and "free zone" have the same meaning as in the Customs Act.".

49.  In article 42-

(a)in paragraph (2)(b)-

(i)for paragraph (i) substitute-

"(i)as regards Scotland, any regulated tree pest;",

(ii)for paragraph (ii) substitute-

"(ii)as regards Scotland, any tree pest, other than a regulated tree pest, which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;",

(b)in paragraph (4), for "plant passports" substitute "UK plant passports".

50.  In article 43(1)-

(a)in sub-paragraph (a), after head (i) insert-

"(ib)article 6B;",

(b)in sub-paragraph (b) for "or", in the third place it occurs, "substitute "a prohibition or restriction in a notice published, a provision or condition of a".

51.  After article 45 insert-

"Transitional provision: UK plant passports

45B.-(1) An authorisation to issue plant passports which has been granted and has effect immediately before the relevant day in relation to Scotland continues to apply after that day as if it were an authorisation to issue UK plant passports.

(2) In the case of any plant passport that has been issued in respect of any relevant material before the relevant day for the purposes of the movement of that material in Scotland which takes place before and after that day, the plant passport is to be treated as if it were a UK plant passport and references to a UK plant passport are to be construed accordingly.

(3) In this article, the "relevant day" means the day on which the Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 come into force.".

52.  For schedules 1 and 1A substitute-

Article 2(1)

"SCHEDULE 1Prohibited tree pests

PART ATree pests not known to occur in any part of the United Kingdom

PART BTree pests which must not be introduced into, or spread within, a relevant UK pest free area

PART CTree pests which are subject to emergency control measures and must not be introduced into, or spread within, Scotland

53.  For schedule 2 substitute-

Article 2(1)

"SCHEDULE 2Prohibited infested material

PART ARelevant material which may not be brought into or moved within Scotland if the material is carrying or infected with plant pests that are not known to occur in the United Kingdom

PART BRelevant material which may not be brought into or moved within Scotland if the material is carrying or infected with regulated plant pests known to occur in the United Kingdom

PART CRelevant material which may not be brought into or moved within a relevant UK pest free area if the material is carrying or infected with specified plant pests

PART DRelevant material which is subject to emergency measures and must not be brought into or moved within Scotland if the material is carrying or infected with specified plant pests

54.  For schedule 3 substitute-

Article 2(1)

"SCHEDULE 3Prohibited imported material

PART ARelevant material, originating in third countries, whose entry into Scotland is prohibited

PART BOther relevant material which is subject to emergency control measures and whose entry into Scotland is prohibited

55.  For schedule 4 substitute-

Article 2(1)

"SCHEDULE 4Regulated material

Interpretation

In this schedule-

"EU protected zone" means a member State or an area in a member State which is recognised as a protected zone exposed to particular plant health risks in the European Union;

"phytosanitary certificate" includes a phytosanitary certificate for re-export.

PART ARelevant material, originating in third countries, which may only be brought into Scotland if specified requirements are met

PART BRelevant material which may only be moved within the relevant UK territories if specified requirements are met

PART CRelevant material which may only be brought into or moved within a relevant UK pest free area if specified requirements are met

PART DRelevant material, originating in third countries, which is subject to emergency measures and may only be brought into the relevant UK territories if specified requirements are met

PART ERelevant material which is subject to emergency measures and may only be moved within the relevant UK territories if specified requirements are met

56.  For schedule 5 substitute-

Article 3

"SCHEDULE 5

PART ANotifiable material originating in third countries, other than the European Union

1.  Trees, other than seeds, intended for planting.

2.  Parts of trees, other than fruit and seeds, of Fraxinus L.

3.  Parts of trees, other than fruit or seeds, of-

(a)Castanea Mill., Populus L. or Quercus L.;

(b)conifers (Coniferales);

(c)Acer saccharum Marsh, originating in the USA or Canada;

(d)cut branches of Betula L. with or without foliage;

(e)cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA.

4.  Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than those composed entirely of peat.

5.  Soil or growing medium which is attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 7 or consisting in part of any solid inorganic substances, intended to sustain the vitality of plants, originating in-

(a)Belarus, Georgia, Moldova, Russia, Turkey or Ukraine; or

(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.

6.  Isolated bark of-

(a)conifers (Coniferales), originating in any country outside Europe;

(b)Acer saccharum Marsh., Populus L., Quercus L., other than Quercus suber L.;

(c)Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA; or

(d)Betula L., originating in Canada or the USA.

7.  Wood, except wood packaging material, where it-

(a)has been obtained in whole or in part from one of the following order, genera or species-

(i)Quercus L., including wood which has not kept its natural round surface, originating in the USA, except wood in the form of casks, barrels, vats, tubs or other coopers' products or parts thereof including staves and where there is documented evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum temperature of 176°C for 20 minutes;

(ii)Platanus L., including wood which has not kept its natural round surface, originating in Armenia, Switzerland or the USA;

(iii)Populus L., including wood which has not kept its natural round surface, originating in any country of the American continent;

(iv)Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the USA or Canada;

(v)Conifers (Coniferales), including wood which has not kept its natural round surface, originating in any country outside Europe, Kazakhstan, Russia or Turkey;

(vi)Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., including wood which has not kept its natural round surface, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA;

(vii)Betula L., including wood which has not kept its natural round surface, originating in Canada or the USA;

(viii)Amelanchier Medik., Aronia Medik., Cotoneaster Medik., Crataegus L., Cydonia Mill., Malus Mill., Prunus L., Pyracantha M. Roem., Pyrus L. or Sorbus L., including wood which has not kept its natural round surface, other than sawdust or shavings, originating in Canada or the USA; and

(b)meets one of the following descriptions-

8.  Wood, except wood packaging material, where it-

(a)has been obtained in whole or on part from one of the following-

(i)conifers (Coniferales), excluding wood which is bark-free originating in any third country in Europe; or

(ii)Castanea Mill., excluding wood which is bark-free, originating in any third country; and

(b)meets one of the descriptions-

9.  Isolated bark of conifers (Coniferales) originating in any third country.

PART BNotifiable material originating in the European Union

10.  Trees of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. or Pseudotsuga Carr.

11.  Trees, other than seeds, of Platanus L., Prunus L., Quercus spp., other than Quercus suber, or Ulmus L., intended for planting.

12.  Trees, other than fruit, of Castanea Mill.

13.  Trees, other than seeds, intended for planting, of the genera Abies Mill., Castanea Mill., Larix Mill., Picea A. Dietr., Pinus L., Platanus L., Populus L., Pseudotsuga Carr., Quercus L., Tsuga Carr. and Ulmus L.which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than trees which have been prepared and are ready for sale to the final consumer, and which were produced separately from other products under the supervision of the national plant protection organisation of the consignor country.

14.  Wood, except wood packaging material, where it-

(a)has obtained in whole or in part-

(i)from Platanus L., including wood which has not kept its natural round surface;

(ii)from conifers (Coniferales), excluding wood which is bark-free;

(iii)Castanea Mill., excluding wood which is bark-free; and

(b)meets one of the descriptions-

15.  Isolated bark of Castanea Mill. or conifers (Coniferales).

PART CNotifiable material originating in any third country which is subject to emergency measures

16.  Trees, other than fruit and seeds, of Acer macrophyllum Pursh, Acer pseudoplatanus L., Castanea sativa Mill., Fagus sylvatica L., Fraxinus excelsior L., Nothofagus obliqua (Mirbel) Blume, Pseudotsuga menziesii (Mirbel) Franco, Quercus spp. L., Sequoia sempervirens (Lamb. ex D. Don) Endl. and Taxus spp. L.

17.  Wood of Acer macrophyllum Pursh, Aesculus californica (Spach) Nutt, Lithocarpus densiflorus (Hook, & Arn.) Rehd., Quercus spp. L. or Taxus breviflora Nutt., originating in the USA.

18.  Trees of Pinus L. or Pseudotsuga menziesii, intended for planting, including seeds or cones for propagating purposes, originating in any third country.

19.  Trees, other than seeds, intended for planting, that have a stem or root collar diameter of 1 cm or more at their thickest point of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Corylus spp., Crataegus spp., Fagus spp., Platanus spp., Populus spp., Salix spp. or Ulmus spp. which-

(a)originate in any third country, other than the European Union, where Anoplophora chinensis (Forster) is known to be present;

(b)originate in, or have been introduced into, an area in the European Union established in accordance with Article 6 of Decision 2012/138/EU.

20.  Trees, other than fruit or seeds, of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., originating in an area in the European Union established in accordance with Article 5 of Decision 2012/535/EU.

21.  Wood of conifers (Coniferales) which has not retained its round surface or is in the form of beehives or bird nesting boxes, other than sawn wood or logs of Taxus L. or Thuga L., or bark of conifers, originating in an area in the European Union established in accordance with Article 5 of Decision 2012/535/EU.

22.  Trees of Fraxinus L., intended for planting, originating in any third country.

23.  Trees, other than seeds, intended for planting, belonging to the genera and species listed in Annex 1 to Decision (EU) 2015/789, other than those belonging to the varieties specified in Annex 3 to Decision (EU) 2015/789, or in list of Xylella host plants, which-

(a)originate in any third country, other than the European Union; or

(b)originate in the European Union and have been grown for a part of their life in an area in the European Union established in accordance with Article 4 of Decision 2015/789.

24.  Trees, other than seeds, intended for planting, belonging to the genera and species listed in the list of Xylella host plants, which originate in the European Union and have never been grown in an area established in accordance with Article 4 of Decision 2015/789.

25.  Trees, other than seeds, intended for planting that have a stem diameter of 1 cm or more at their thickest point, of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Fagus spp., Fraxinus spp., Platanus spp., Populus spp., Salix spp., Tilia spp. and Ulmus spp., which-

(a)originate in any third country, other than the European Union, where Anoplophora glabripennis (Motschulsky) is known to be present;

(b)originate, or have been introduced into a place of production, in an area in the European Union established in accordance with Article 7 of Decision (EU) 2015/893.

26.  Wood of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Cercidiphyllum spp., Corylus spp., Fagus spp., Fraxinus spp., Koelreuteria spp., Platanus spp., Populus spp., Salix spp., Tilia spp. or Ulmus spp., other than wood packaging material, but including wood which has not retained its natural round surface, which-

(a)originates-

(i)in any third country, other than the European Union, where Anoplophora glabripennis (Motschulsky) is known to be present; or

(ii)in an area in the European Union which has been established in accordance Article 7 of Decision (EU) 2015/893, or in the case of wood retaining all or part of its round surface, has been introduced into any such area in the European Union; and

(b)meets one of the following descriptions-

27.  Trees, other than fruit or seeds, of Quercus L., other than Quercus suber, intended for planting, whose girth at 1.2 m above the root collar is 8 cm or more, originating in any third country, except any such plants entering Scotland via a point of entry in the OPM excluded zone which are not in the course of their consignment to the OPM pest free area.

28.  Wood, obtained in whole or in part from plants of Prunus spp., other than Prunus laurocerasus L.,-

(a)which-

(i)originates in any third country, other than the European Union, where Aromia bungii (Faldermann) is known to be present; or

(ii)originates in an area in the European Union which has been established in accordance with Article 5 of Decision (EU) 2018/1503, or in the case of wood retaining all or part of its round surface, has been introduced into an such area; and

(b)which meets one of the following descriptions-

57.  For schedule 6 substitute-

Article 2(1)

"SCHEDULE 6

PART ARelevant material which must not be moved within the relevant UK territories without a UK plant passport

1.  Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. or Pseudotsuga Carr.

2.  Plants, other than seeds, of Platanus L., Quercus spp., other than Quercus suber, or Ulmus L., intended for planting.

3.  Plants, other than fruit, of Castanea Mill.

4.  Seeds of Castanea Mill.

5.  Wood, except wood packaging material, where it-

(a)has obtained in whole or in part-

(i)from Platanus L., including wood which has not kept its natural round surface;

(ii)from conifers (Coniferales), excluding wood which is bark-free;

(iii)Castanea Mill., excluding wood which is bark-free; and

(b)meets one of the following descriptions-

PART BRelevant material which is subject to emergency measures and must not be moved within the United Kingdom without a UK plant passport

6.  Trees, other than fruit and seeds, of Acer macrophyllum Pursh, Acer pseudoplatanus L., Aesculus californica (Spach) Nutt., Aesculus hippocastanum L., Castanea sativa Mill., Fagus sylvatica L., Fraxinus excelsior L., Nothofagus obliqua (Mirbel) Blume, Pseudotsuga menziesii (Mirbel) Franco, Quercus spp. L., Salix caprea L., Sequoia sempervirens (Lamb. ex D. Don) Endl., Taxus spp. L..

7.  Trees of Pinus L. or Pseudotsuga menziesii, intended for planting, including seeds and cones for propagation purposes, originating in any third country, in the United Kingdom or a CD territory.

8.  Trees, other than seeds, intended for planting, that have a stem or root collar diameter of 1 cm or more at their thickest point of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Corylus spp., Crataegus spp., Fagus spp., Platanus spp., Populus spp. or Ulmus spp. which:

(a)originate in a third country, other than the European Union, where Anoplophora chinensis (Forster) is known to be present;

(b)originate in, or have been introduced into, an area in the European Union established in accordance with Article 6 of Decision 2012/138/EU;

(c)originate in, or have been introduced into-

(i)an area in the United Kingdom that is demarcated under paragraph 3 of schedule 12C or under paragraph 3 of schedule 11 of the Plant Health Regulations;

(ii)a CD territory where there is evidence that Anoplophora chinensis (Forster) is present.

9.  Trees, other than fruit or seeds, of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., which originate-

(a)in an area in the European Union which has been established in accordance with Article 5 of Decision 2012/535/EU;

(b)in an area in United Kingdom that is demarcated under paragraph 3 of schedule 12D or under paragraph 3 of schedule 13 of the Plant Health Regulations;

(c)a CD territory where there is evidence that Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et al. is present.

10.  Wood of conifers (Coniferales) which has not retained its round surface or is in the form of beehives or bird nesting boxes, other than wood packaging material or sawn wood or logs of Taxus L. or Thuga L., or bark of conifers which originate-

(a)in an area in the European Union established in accordance with Article 5 of Decision 2012/535/EU;

(b)in an area in United Kingdom that is demarcated under paragraph 3 of schedule 12D or under paragraph 3 of schedule 13 of the Plant Health Regulations;

(c)a CD territory where there is evidence that Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et al. is present.

11.  Trees, other than seeds, intended for planting, belonging to the genera and species listed in Annex 1 to Decision (EU) 2015/789, other than those belonging to the varieties specified in Annex 3 to Decision (EU) 2015/789, or in the list of Xylella host plants, which-

(a)originate in any third country, other than the European Union;

(b)originate in the European Union and have been grown for a part of their life in an area in the European Union established in accordance with Article 4 of Decision 2015/789;

(c)originate in the United Kingdom or a CD territory and have not been grown for any part of their life in-

(i)an area that is demarcated under paragraph 5 of schedule 12E or under paragraph 5 of schedule 15 of the Plant Health Regulations; or

(ii)a CD territory in which Xylella fastidiosa (Wells et al.) has been confirmed to be present.

12.  Trees, other than seeds, intended for planting, belonging to the genera and species listed in the list of Xylella host plants, which-

(a)originate in the European Union and have never been grown in an area established in accordance with Article 4 of Decision 2015/789; or

(b)originate in the United Kingdom or a CD territory and have not been grown for any part of their life in-

(i)an area that is demarcated under paragraph 5 of schedule 12E or under paragraph 5 of schedule 15 of the Plant Health Regulations; or

(ii)a CD territory in which Xylella fastidiosa (Wells et al.) has been confirmed to be present.

13.  Trees, other than seeds, intended for planting that have a stem diameter of 1 cm or more at their thickest point, of Acer spp., Alnus spp., Betula spp., Carpinus spp., Fagus spp., Fraxinus spp., Platanus spp., Populus spp., Salix spp., Tilia spp. and Ulmus spp., which:

(a)originate in any third country, other than the European Union, where Anoplophora glabripennis (Motschulsky) is known to be present;

(b)originate, or have been introduced into a place of production, in an area in the European Union established in accordance with Article 7 of Decision (EU) 2015/893; or

(c)originate, or have been introduced into a place of production, in-

(i)an area in the United Kingdom that is demarcated under paragraph 3 of schedule 12F or under paragraph 3 of schedule 16 of the Plant Health Regulations;

(ii)a CD territory in which Anoplophora glabripennis (Motschulsky) has been confirmed to be present.

14.  Wood, other than wood packaging material, but including wood which has not retained its natural round surface, of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Cercidiphyllum spp., Corylus spp., Fagus spp., Fraxinus spp., Koelreuteria spp., Platanus spp., Populus spp., Salix spp., Tilia spp. and Ulmus spp., which-

(a)originates in any third country, other than the European Union, where Anoplophora glabripennis (Motschulsky) is known to be present;

(b)originates in an area in the European Union established in accordance with Article 7 of Decision (EU) 2015/893 or, in the case of wood retaining all or part of its round surface, has been introduced into any such area;

(c)originates in-

(i)an area in the United Kingdom that is demarcated under paragraph 3 of schedule 12F or under paragraph 3 of schedule 16 of the Plant Health Regulations or a CD territory in which Anoplophora glabripennis (Motschulsky) has been confirmed to be present; or

(ii)in the case of wood retaining all or part of its round surface, has been introduced into any such area or territory; and

(d)meets one of the following descriptions-

15.  Trees, other than fruit or seeds, intended for planting, of Quercus L., other than Quercus suber, whose girth at 1.2 m above the root collar is 8 cm or more, originating in any third country, the United Kingdom or a CD territory, except any such plants which are only being moved within the OPM excluded zone.

16.  Wood, obtained in whole or in part from plants of Prunus spp., other than Prunus laurocerasus L.-

(a)which-

(i)originates in any third country, other than the European Union, where Aromia bungii (Faldermann) is known to be present;

(ii)originates in an area in the European Union which has been established in accordance with Article 5 of Decision (EU) 2018/1503 or, in the case of wood retaining all or part of its round surface, has been introduced into an such area; or

(iii)originates in or, in the case of wood retaining all or part of its round surface, has been introduced into-

(aa)an area demarcated under paragraph 3 of schedule 12G or under paragraph 3 of schedule 16A of the Plant Health Regulations; or

(bb)a CD territory in which the presence of Aromia bungii (Faldermann) has been confirmed; and

(b)meets one of the following descriptions-

58.  For schedule 7 substitute-

Article 2(1)

"SCHEDULE 7Notifiable relevant material destined for a UK pest free area and relevant material which must not be introduced or moved within a UK pest free area without a valid UK plant passport

1.  In the case of Northern Ireland-

(a)wood of conifers (Coniferales), excluding wood which is bark-free;

(b)isolated bark of conifers (Coniferales);

(c)trees of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., or Pseudotsuga Carr.

2.  In the case of the OPM pest free area, trees, other than seeds, intended for planting, of Quercus spp., other than Quercus suber.".

59.  After schedule 7 insert-

Article 38(1)

"SCHEDULE 7ADerogations from specific prohibitions and requirements under the relevant Plant Health Orders

Wood of Fraxinus L. from the USA or Canada

1.  In this schedule-

"permitted wood" means wood of Fraxinus L., originating or processed in the USA or Canada;

"relevant NPPO" means-

2.  Permitted wood may be imported into Scotland provided that-

(a)it meets the relevant conditions;

(b)it is accompanied by a phytosanitary certificate issued by the relevant NPPO which includes the required official statement and the relevant details;

(c)its importation is authorised by the appropriate UK plant health authority under the relevant Plant Health Order.

3.  For the purposes of paragraph 2(a), the relevant conditions are-

(a)that the permitted wood-

(i)in the case of wood, other than bark, is debarked, or in the case of bark, consists of visually separate and clearly distinct pieces, each of which is less than three cm in width or, if greater than 3 cm in width, has a total surface area of less than 50 cm², or;

(ii)in the case of sawn wood, has been produced from debarked round wood;

(iii)has been heated through its profile to at least 71˚C for 1,200 minutes in a heat chamber approved by the relevant NPPO or an agency approved by the relevant NPPO;

(iv)has been dried in accordance with industrial drying schedules recognised by the relevant NPPO for at least two weeks; and

(v)has a final moisture content, expressed as a percentage of dry matter, which does not exceed 10%;

(b)that the permitted wood has been produced, handled and stored in a facility that-

(i)is officially approved by the relevant NPPO, or an agency approved by the relevant NPPO, pursuant to its certification programme in relation to Agrilus planipennis Fairmaire;

(ii)is registered in a database published on the website of the relevant NPPO;

(iii)is audited by the relevant NPPO, or an agency approved by the relevant NPPO at least once a month to verify that the facility is being operated in a manner that is consistent with ensuring that any exports of permitted wood to a relevant UK territory will meet the relevant conditions in this paragraph;

(iv)uses equipment for the treatment of permitted wood which has been calibrated consistently with the equipment's manual of operation; and

(v)keeps records of its procedures for verification by the relevant NPPO, or an agency approved by the relevant NPPO, including details of the duration of the treatment, temperatures during treatment, and for each bundle to be exported, the compliance check and final moisture content;

(c)where the facility is audited by an agency approved by the relevant NPPO, the agency is audited by the relevant NPPO every six months to verify the procedures and documentation of the agency and the audits of the facility carried out by the agency for the purposes of exports of permitted wood to a relevant UK territory under this Part;

(d)each bundle of permitted wood visibly displays a unique bundle number and a label with the words "HT-KD" or "Heat Treated-Kiln Dried", issued by or under the supervision of a designated officer of the approved facility following the verification of the conditions in sub-paragraphs (a) and (b)(iv);

(e)that the permitted wood has been inspected before its export by the relevant NPPO or an agency approved by the relevant NPPO to ensure that the conditions in sub-paragraphs (a) and (d) are met.

4.  For the purposes of paragraph 2(b), the required official statement is an official statement that the wood has been inspected and is free from harmful plant pests.

5.  The relevant details which must be included under the heading "Additional declaration" in the phytosanitary certificate for the purposes of paragraph 2(b) are-

(a)the statement: "This consignment meets the conditions in Schedule 7A to the Plant Health (Forestry) Order 2005";

(b)the bundle number(s) corresponding to each specific bundle in the consignment; and

(c)the name of the approved facilities which processed the permitted wood in the consignment.".

60.  Omit schedule 8.

61.  In schedule 9-

(a)in the heading, for "plant passports" substitute "UK plant passports,

(b)in paragraph 1, for "plant passport" substitute "UK plant passport",

(c)in paragraph 2, for "plant passport" substitute "UK plant passport",

(d)in paragraph 3, for "plant passports", in both places it occurs, substitute "UK plant passports",

(e)in paragraph 4(1)-

(i)in the words before sub-paragraph (a), for "plant passport" substitute "UK plant passport",

(ii)for sub-paragraph (a), substitute-

"(a)in English;",

(f)in paragraph 5, for "plant passport" substitute "UK plant passport",

(g)in paragraph 6, for "plant passport" substitute "UK plant passport",

(h)in paragraph 7-

(i)for sub-paragraph (a) substitute-

"(a)the title "UK plant passport";",

(ii)omit sub-paragraph (b),

(iii)in sub-paragraph (c), for the words from "responsible" to the end substitute "appropriate UK plant health authority",

(iv)in sub-paragraphs (d) to (g), for "plant passport", in each place it occurs, substitute "UK plant passport",

(v)in sub-paragraph (h)-

(aa)for "protected zone", in both places it occurs, substitute "UK pest free area";

(bb)for "ZP" substitute "PFA",

(vi)in sub-paragraph (i), for "plant passport", in each place it occurs, substitute "UK plant passport",

(vii)in sub-paragraph (j), for "relevant territory" substitute "United Kingdom or a CD territory".

62.  In schedule 12, in Part A-

(a)in paragraph 1-

(i)for "landing" substitute "arrival",

(ii)for "article 6(1)" substitute "article 6(2B)",

(iii)omit ", other than solid fuel wood, ",

(b)omit paragraph 2,

(c)omit Part C.

63.  After schedule 12 insert-

Article 37A(2)

"SCHEDULE 12AEmergency measures: miscellaneous

PART AOfficial surveys

1.  The Scottish Ministers must carry out official surveys for the presence of the following plant pests-

(a)Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.;

(b)Gibberella circinata Nirenberg & O'Donnell;

(c)Anoplophora chinensis (Forster);

(d)Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.;

(e)Xylella fastidiosa (Wells et al.);

(f)Anoplophora glabripennis (Motschulsky);

(g)Aromia bungii (Faldermann).

2.  Official surveys carried out pursuant to paragraph 1(b) must include surveys for evidence of infection by Gibberella circinata Nirenberg & O'Donnell.

3.  Official surveys carried out pursuant to paragraph 1(c) must include surveys for evidence of infestation by Anoplophora chinensis (Forster) on host plants.

4.  Official surveys carried out pursuant to paragraph 1(d) must-

(a)include surveys for Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. on the plants, wood and bark to which schedule 12D applies and its vectors in the genus Monochamus; and

(b)consist of the collection of samples of that material and those vectors in accordance with sound scientific and technical principles and the laboratory testing of those samples in accordance with EPPO PM 7/4.

5.  Official surveys carried out pursuant to paragraph 1(e) must-

(a)consist of visual examinations and, in the case of any suspicion of infection by Xylella fastidiosa (Wells et al.), the collection of samples and testing;

(b)be based on sound scientific and technical principles;

(c)be carried out at appropriate times of the year;

(d)take account of the available scientific and technical evidence, the biology of the plant pest and its vectors, the presence and the biology of the relevant material which may host or become infected with the plant pest; and

(e)include the screening of the plant pest in areas which have been demarcated under schedule 12E by one molecular test and, where the test is positive, by the carrying out, in line with international standards, of at least one additional positive molecular test.

6.  Official surveys carried out under paragraph 1(f) must include surveys for evidence of infestation by Anoplophora glabripennis (Motschulsky) on host plants.

7.  Official surveys carried out pursuant to paragraph 1(g) must-

(a)consist of visual examinations and, in the case of any suspicion of infestation by Aromia bungii (Faldermann), collection of samples for pest identification; and

(b)take account of the available scientific and technical evidence, the biology of the plant pest and any other appropriate information concerning the presence of the plant pest.

8.  In paragraph 4, "EPPO PM 7/4" means the standard describing a diagnostic protocol for Bursaphelenchus xylophilus approved by the European and Mediterranean Plant Protection Organization(43).

PART B Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.

8.  Where signs of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. have been found on any plants in a place, other than a place of production, the Scottish Ministers must take appropriate measures to contain the plant pest.

PART CEmergency measures: Scotland and England

9.  This Part applies where there is evidence that a relevant plant pest is present in Scotland or England.

10.  The Scottish Ministers must cooperate with the Commissioners to determine the extent of the area to be demarcated in relation to the infestation and the actions to be taken to eradicate and contain the relevant plant pest.

11.  For the purposes of paragraph 10, the Scottish Ministers must ensure that the objectives of the demarcation and actions to be taken are consistent with the objectives and actions that would apply if the area were to be demarcated under the applicable schedule.

12.  In this Part-

(a)"relevant plant pest" means any of the following-

(i)Gibberella circinata Nirenberg & O'Donnell;

(ii)Anoplophora chinensis (Forster);

(iii)Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.;

(iv)Xylella fastidiosa (Wells et al.);

(v)Anoplophora glabripennis (Motschulsky);

(b)"applicable schedule", in relation to a plant pest, means the schedule which makes provision about emergency measures in respect of that plant pest.

Article 37A(3)

SCHEDULE 12BEmergency measures: Gibberella circinata Nirenberg & O'Donnell

Application and interpretation

1.  This schedule applies where there is evidence that Gibberella circinata Nirenberg & O'Donnell is present in Scotland.

2.  In this schedule-

"the plant pest" means Gibberella circinata Nirenberg & O'Donnell;

"susceptible plants" means any plants of the genus Pinus L. or the species Pseudotstuga menziesii, intended for planting, including seeds or cones for propagation purposes.

Establishment of a demarcated area

3.  The Scottish Ministers must by notice demarcate an area in relation to the infestation consisting of-

(a)an infected zone and a buffer zone around the infected zone; and

(b)where two or more buffer zones around infected zones overlap or are geographically close, an area encompassing those infected zones and buffer zones and the areas between the buffer zones.

4.  The infected zone must include the area in which the plant pest was found and all susceptible plants showing symptoms caused by the plant pest.

5.  The boundary of the buffer zone must be at least one km beyond the boundary of the infected zone.

6.  The demarcation of any infected zone and buffer zone for the purposes of paragraph 3 must be based on sound scientific principles, the biology of the plant pest and its vectors, the level of infection, the time of year and the distribution of susceptible plants.

7.  If there is a confirmed finding of the plant pest outside an infected zone, the Scottish Ministers must either demarcate a further area or amend the original demarcated area in accordance with paragraphs 3 to 6 to take account of that finding.

8.  Paragraph 3 does not apply in so far as any part of the area to be demarcated would be in England.

Measures to be taken in a demarcated area

9.  Where the Scottish Ministers demarcate an area under paragraph 3, they must ensure that-

(a)measures are taken for the purpose of eradicating the plant pest in the demarcated area; and

(b)intensive monitoring is carried out in the demarcated area for the presence of the plant pest through appropriate inspections.

Lifting of demarcation

10.  The Scottish Ministers may lift the demarcation that applies to an area which has been demarcated under paragraph 3 if the official surveys carried out pursuant to paragraph 1(b) of schedule 12A show that the plant pest has not been found to be present in the demarcated area in the two years prior to the lifting of the demarcation.

Article 37A(4)

SCHEDULE 12CEmergency measures: Anoplophora chinensis (Forster)

PART AApplication and interpretation

1.  This schedule applies where there is evidence that Anoplophora chinensis (Forster) is present in Scotland.

2.  In this schedule-

"appropriate time", in the case of paragraphs 11(a) and 12(a), means immediately or, in any case where the infested plants were found outside the flying period of the plant pest, before the start of the next flying period;

"demarcated area" means an area demarcated under paragraph 3;

"felling", in relation to a plant, includes its removal;

"infested plant" means a plant which has been found to be infested with the plant pest;

"place of production" means a place of production which meets the requirements referred to in column 3 of item 2 of Part E of schedule 4;

"the plant pest" means Anoplophora chinensis (Forster);

"relevant period" means a period of at least four consecutive years which includes at least one life cycle of the plant pest and the year after;

"susceptible plants" means plants for planting, other than seeds, that have a stem or root collar diameter of one cm or more at their thickest point, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. or Ulmus spp.

PART BEstablishment of a demarcated area

3.  The Scottish Ministers must by notice and without delay demarcate an area in relation to the infestation consisting of an infested zone and a buffer zone around the infested zone.

4.  The infested zone must include the area in which the plant pest was found, all plants showing symptoms caused by the plant pest and, where appropriate, all plants belonging to the same lot at the time of planting.

5.  The boundary of the buffer zone must be at least two km beyond the boundary of the infested zone, but may be reduced to one km beyond the boundary of the infested zone where the Scottish Ministers conclude that eradication of the plant pest is possible and remain of that view.

6.  The demarcation of the infested zone and the buffer zone must be based on sound scientific principles, the biology of the plant pest, the level of infestation, the distribution of host plants in the area concerned and evidence of establishment of the plant pest.

7.  If there is a confirmed finding of the plant pest outside the infested zone, the Scottish Ministers must either demarcate a further area or amend the original demarcated area in accordance with paragraphs 3 to 6 to take account of that finding.

8.  Paragraph 3 is subject to paragraph 15.

9.  This Part does not apply in so far as any part of the area to be demarcated would be in England.

PART CMeasures to be taken in a demarcated area

10.  Where an area is demarcated under paragraph 3, the Scottish Ministers must ensure that measures are taken to eradicate the plant pest in the area or, where they have concluded that this is no longer possible, to contain the spread of the plant pest from the area.

11.  The eradication measures must include-

(a)the felling of all infested plants and plants with symptoms caused by the plant pest, other than any plant to which sub-paragraph (d) applies, and the complete removal of their roots at the appropriate time;

(b)the felling of all susceptible plants within a radius of 100 m of an infested plant, other than any plant to which sub-paragraph (d) applies, and the examination of those plants for any sign of infestation;

(c)the removal, examination and disposal of plants felled in accordance with sub-paragraphs (a) and (b) and their roots, taking all necessary precautions to avoid the spread of the plant pest during and after felling;

(d)in any case where the Scottish Ministers conclude that the felling of an infested tree, any tree with symptoms caused by the plant pest or a susceptible plant within a radius of 100 m of an infested plant would not be appropriate and alternative eradication measures can be applied to offer the same level of protection to those measures, those alternative eradication measures;

(e)the prevention of any movement of potentially infested plants out of the demarcated area;

(f)the tracing back to the origin of the infestation and the tracing of plants associated with the infestation as far as possible, along with examinations of the plants traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;

(g)where appropriate, the replacement of susceptible plants by other plants;

(h)the prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production;

(i)intensive monitoring for the presence of the plant pest by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, including, where appropriate, targeted destructive sampling;

(j)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within Scotland, including the conditions relating to the movement of susceptible plants from the demarcated area;

(k)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication of the plant pest; and

(l)any other measure which may contribute to the eradication of the plant pest, taking into account the guidelines in ISPM No. 9 and ISPM No. 14.

12.  The containment measures must include-

(a)the felling of all infested plants and plants with symptoms caused by the plant pest, other than any plant to which sub-paragraph (c) applies, and the complete removal of their roots at the appropriate time;

(b)the removal, examination and disposal of plants felled in accordance with sub-paragraph (a) and their roots, taking all necessary precautions to avoid the spread of the plant pest after felling;

(c)in any case where the Scottish Ministers conclude that the felling and the disposal of an infested tree or any tree with symptoms caused by the plant pest would not be appropriate and alternative containment measures can be applied to offer the same level of protection to those measures, those alternative containment measures;

(d)the prevention of any movement of potentially infested plants out of the demarcated area;

(e)where appropriate, the replacement of susceptible plants by other plants;

(f)the prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production;

(g)intensive monitoring for the presence of the plant pest by annual inspections at appropriate times on host plants, which must include targeted destructive sampling;

(h)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within Scotland, including the conditions relating to the movement of susceptible plants from the demarcated area;

(i)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment of the plant pest; and

(j)any other measure which may contribute to the containment of the plant pest.

13.  The Scottish Ministers must set time periods for the implementation of the measures to be carried out.

14.  The Scottish Ministers may only conclude that it is not possible to eradicate the plant pest from a demarcated area where the results of official surveys carried out over a period of four or more consecutive years have confirmed the presence of the plant pest in the demarcated area and there is evidence that the plant pest can no longer be eradicated from the area.

PART DMeasures to be taken where no demarcated area is established

15.  The Scottish Ministers need not demarcate an area in relation to a finding of the plant pest in Scotland where-

(a)there is evidence that-

(i)the infestation has been caused by the movement of susceptible plants to the area of infestation and those plants were infested with the plant pest prior to their movement to that area; or

(ii)it is an isolated finding which is not expected to lead to the establishment of the plant pest; and

(b)they have ascertained that the plant pest is not established in the area and will not successfully breed or spread if appropriate eradication measures are taken.

16.  Where the Scottish Ministers do not demarcate an area for the reasons specified in paragraph 15(a) and (b), they must ensure that-

(a)measures are immediately taken for the purpose of promptly eradicating the plant pest and preventing its spread;

(b)over the relevant period, monitoring is carried out within one km of the infested plants or the place at which the plant pest was found, which must be regular and intensive in the first year;

(c)the infested plants are destroyed;

(d)tracing back to the origin of the infestation and tracing of plants associated with the infestation is carried out as far as possible, along with examinations of the plants traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;

(e)activities to raise public awareness of the threat posed by the plant pest are carried out;

(f)any other measure which may contribute to the eradication of the plant pest is taken, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

PART ELifting of demarcation

17.  The Scottish Ministers may lift the demarcation that applies to a demarcated area if-

(a)the plant pest is not detected in the demarcated area over the relevant period during official surveys carried pursuant to paragraph 1(c) of schedule 12A or by the monitoring referred to in paragraph 11(i); or

(b)the conditions in paragraph 15(a) and (b) are satisfied.

Article 37A(5)

SCHEDULE 12DEmergency measures: Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode)

PART AApplication and interpretation

1.  This schedule applies where there is evidence that Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. is present in a susceptible plant in Scotland in which it was previously not known to occur or where there is evidence that it is present in Scotland by other means.

2.  In this schedule-

"appropriate samples", in relation to a susceptible plant, means samples from several parts of the plant, including the crown, and any part where signs of activity of insect vectors are visible;

"appropriate sampling scheme" means a sampling scheme which is able to confirm with 99% reliability that the level of the plant pest in the plants being sampled and tested is below 0.1%;

"appropriate time", in relation to the felling of susceptible plants, means-

"authorised treatment facility" means a treatment facility authorised by the Scottish Ministers for the purposes of this schedule;

"demarcated area" means an area demarcated under paragraph 3;

"exempt plant" means any susceptible plant which the Scottish Ministers have concluded it would be inappropriate to fell;

"flight season of the vector" means the period beginning on 1st April and ending on 31st October or such other period as the Scottish Ministers consider appropriate;

"pest free area" means a demarcated area in respect of which there is evidence from surveys carried out for the presence of the vector in accordance with ISPM No. 4 that the vector has not been present in the area for at least three consecutive years;

"the plant pest" means Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode);

"relevant movement restrictions", in relation to susceptible plants, susceptible wood or susceptible bark, mean any restrictions that apply to their movement under this Order;

"residual material" means cut stems, cutting residues and naturally occurring debris showing signs of activity of insect vectors which are located in a part of the demarcated area where wilt symptoms of the susceptible plants are not expected to occur or are expected to be delayed;

"susceptible bark" means bark of conifers (Coniferales);

"susceptible plants" means plants, other than fruit and seeds, of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr.;

"susceptible wood" means wood of conifers (Coniferales), other than sawn wood or logs of Taxus L or Thuja L., which-

"the vector" means beetles belonging to the genus Monochamus Megerle in Dejean, 1821.

PART BEstablishment of a demarcated area

3.  The Scottish Ministers must by notice and without delay demarcate an area in relation to the infestation consisting of-

(a)the infested zone (being the area in which the plant pest was found to be present); and

(b)a buffer zone around the infested zone.

4.  The buffer zone must have a diameter of at least 20 km, which may be reduced to 6 km, if the eradication measures referred to in paragraph 9 are being taken and the Scottish Ministers consider that the reduction will not jeopardise the effectiveness of the eradication measures.

5.  Where the plant pest is found to be present in the buffer zone and eradication measures are not being taken in the demarcated area, the Scottish Ministers must demarcate a further area in accordance with paragraphs 3 and 4 to take account of that finding.

6.  Where the plant pest is found to be present in the buffer zone and eradication measures are being taken in the demarcated area, the Scottish Ministers must either demarcate a further area or amend the original demarcated area in accordance with paragraphs 3 and 4 to take account of that finding.

7.  This Part does not apply in so far as any part of the area to be demarcated would be in England.

PART CEradication measures

8.  This Part applies where an area is demarcated under paragraph 3 by the Scottish Ministers.

9.  The Scottish Ministers must ensure that the following measures are taken under official supervision to eradicate the plant pest-

(a)the establishment of a clear-cut zone around each susceptible plant in which the plant pest has been found to be present in accordance with paragraph 10;

(b)the felling, removal and disposal of all susceptible plants, other than any exempt plants, in a clear-cut zone, taking all necessary precautions to avoid spreading the plant pest and the vector during felling;

(c)the taking of appropriate samples from the susceptible plants felled and any residual material in the clear-cut zone;

(d)the testing of those samples for the presence of the plant pest;

(e)the carrying out of the following surveys-

(i)surveys of the susceptible plants and residual material in the demarcated area, during and outside the flight season of the vector, in accordance with paragraph 11; and

(ii)surveys of the vector itself during the flight season of the vector in accordance with paragraph 12, which must be intensive in any area affected by fire or storm;

(f)the identification of all susceptible plants in the demarcated area which are infested with the plant pest or which are dead, in poor health or affected by fire or storm;

(g)the felling, at the appropriate time, of-

(i)all susceptible plants in the demarcated area which have been found to be infested with the plant pest;

(ii)in the case of any plants in a pest free area, all susceptible plants which have been found to be infested following their sampling and testing using an appropriate sampling scheme; and

(iii)in the case of any plants in a demarcated area which is not a pest free area, all susceptible plants in the demarcated area which are dead, in poor health or affected by fire or storm;

(h)in the case of felled susceptible plants in the demarcated area in which the plant pest has not already been found to be present, the sampling and testing of those plants using an appropriate sampling scheme;

(i)the disposal of all felled susceptible plants and the resulting logging remains, taking all necessary precautions to avoid spreading the plant pest and the vector during felling, by their destruction on site or their removal and the treatment of their wood and bark in accordance with paragraph 13;

(j)in the case of any place of production of plants for planting in which the plant pest has been detected on susceptible plants grown at the place of production since the beginning of the last complete growing cycle, the removal and disposal of those plants, taking all necessary precautions to avoid spreading the plant pest and the vector;

(k)the identification of all felled susceptible plants in the buffer zone which are not subject to the preceding measures and the removal of those plants and their logging remains, taking all necessary precautions to avoid spreading the plant pest and the vector;

(l)in the case of any exempt plants, the application of alternative eradication measures to their felling, removal and disposal to prevent any possible spread of the plant pest from the plants;

(m)in the case of any clear-cut zone which has been reduced for the reasons specified in paragraph 10(a)-

(i)the inspection, during or after the flight season of the vector, of those susceptible plants which are located between 100 m and 500 m of an infested susceptible plant for signs or symptoms of the presence of the plant pest;

(ii)the taking of appropriate samples of any plant inspected under paragraph (i) which shows signs or symptoms of the presence of the plant pest and the testing of those samples for the presence of the plant pest;

(iii)the carrying out of intensive surveys of the vector by sampling and testing individual vectors for the presence of the plant pest in the area located between 100 m and 500 m of an infested susceptible plant; and

(iv)the application of alternative eradication measures to their felling, removal and disposal to prevent any possible spread of the plant pest from the susceptible plants; and

(n)the production of a hygiene protocol setting out the hygiene procedures for vehicles transporting forest products and machinery for processing forest products to ensure that the plant pest cannot be spread with those vehicles and machinery.

10.  Any clear-cut zone must be established promptly in light of the risk of transmission of the plant pest by the vector from the susceptible plant in which it was found and must have a minimum initial radius of 500 m, which may be reduced to 100 m if-

(a)the Scottish Ministers conclude that the creation of a clear-cut zone with a radius of 500 m would have unacceptable social or environmental impacts; or

(b)the Scottish Ministers have evidence from surveys carried out for the presence of the vector in accordance with ISPM No. 4 that the vector has not been present in the area during the preceding three years.

11.  When carrying out any survey of any susceptible plants and residual material in a demarcated area, the survey must-

(a)include the inspection, sampling and testing of those plants and that material for the presence of the plant pest;

(b)focus in particular on susceptible plants which are dead, in poor health or affected by fire or storm; and

(c)be carried out at an appropriate rate which ensures that the intensity of the survey in the area lying within a radius of 3000 m of an infested susceptible plant is at least four times higher than in the rest of the buffer zone outside that area.

12.  When carrying out any survey of the vector in a demarcated area during the flight season, the survey must include the inspection, sampling and testing of the vector for the presence of the plant pest.

13.  In the case of susceptible wood identified in the demarcated area during the flight season of the vector, the logs must either-

(a)be-

(i)stripped of their bark, treated with an insecticide known to be effective against the vector or covered with an insect net drenched with such an insecticide immediately after felling;

(ii)promptly removed to a storage place or to an authorised treatment facility; and

(iii)in the case of any logs retaining their bark, treated with an insecticide known to be effective against the vector or covered with an insect net drenched with such an insecticide immediately on arrival at the storage place or the authorised treatment facility; or

(b)where the Scottish Ministers conclude that the actions described in paragraph (i) would not be effective, be immediately destroyed on site and chipped into pieces less than 3 cm thick and 3 cm wide.

PART DContainment measures

14.  This Part applies-

(a)where-

(i)annual surveys carried out pursuant to paragraph 9(e) over a minimum period of four consecutive years and the experience gathered by the Scottish Ministers shows that, in the particular circumstances, it is impossible to eradicate the plant pest; or

(ii)there is evidence of the presence of the plant pest throughout the infested zone of a demarcated area, the infested zone exceeds 20 km and the experience gathered shows that in the particular circumstances, it is impossible to eradicate the plant pest in the infested area; and

(b)where the Scottish Ministers have concluded that it would not be appropriate to continue to apply the eradication measures in Part C.

15.  The Scottish Ministers must ensure that the following measures are taken under official supervision to contain the plant pest-

(a)the carrying out of annual surveys of susceptible plants and the vector in the infested zone or zones in the demarcated area;

(b)the felling of all susceptible plants in the infested zone or zones in which the plant pest has been found to be present and the removal and disposal of those plants and their felling remains, taking all necessary precautions to avoid spreading the plant pest and the vector;

(c)the carrying out of the following surveys in the buffer zone of the demarcated area in accordance with paragraphs 16 and 17-

(i)surveys, during and outside the flight season of the vector, of susceptible plants and residual material; and

(ii)surveys, during the flight season of the vector, of the vector itself;

(d)the identification of all susceptible plants in the buffer zone which are infested with the plant pest or which are dead, in poor health or affected by fire or storm;

(e)the felling, at the appropriate time, of all susceptible plants in the buffer zone which have been found to be infested with the plant pest, taking all necessary precautions to avoid spreading the plant pest and the vector during felling;

(f)the disposal of all felled susceptible plants and the resulting logging remains in the buffer zone, taking all necessary precautions to avoid spreading the plant pest and the vector during their disposal, by-

(i)their immediate destruction on site;

(ii)their movement under official control from the buffer zone into the infested zone or zones; or

(iii)their removal and the treatment of their wood and bark in accordance with paragraph 18;

(g)in the case of felled susceptible plants in the buffer zone in which the plant pest has not already been found to be present, the removal of those plants and their logging remains, taking all necessary precautions to ensure that they do not attract the plant pest or the vector;

(h)the identification of all felled susceptible plants in the buffer zone which are not subject to any of the preceding measures in this paragraph and the removal of those plants and their logging remains, taking all necessary precautions to avoid spreading the plant pest and the vector; and

(i)the production of a hygiene protocol setting out the hygiene procedures for vehicles transporting forest products and machinery for processing forest products to ensure that the plant pest cannot be spread with those vehicles and machinery.

16.  When carrying out a survey of susceptible plants and residual material in a demarcated area, the survey must-

(a)include the inspection, sampling and testing of those plants and that material for the presence of the plant pest;

(b)focus in particular on susceptible plants which are dead, in poor health or affected by fire or storm; and

(c)be carried out at an appropriate rate which ensures that the intensity of the survey in the area lying within a radius of 3000 m of an infested susceptible plant is at least four times higher than in the rest of the buffer zone outside that area.

17.  When carrying out any survey of the vector in a demarcated area during the flight season, the survey must include the inspection, sampling and testing of the vector for the presence of the plant pest.

18.  In the case of susceptible wood identified in the demarcated area during the flight season of the vector, the logs must either-

(a)be-

(i)stripped of their bark, treated with an insecticide known to be effective against the vector or covered with an insect net drenched with such an insecticide immediately after felling;

(ii)promptly removed to a storage place or to an authorised treatment facility; and

(iii)in the case of any logs retaining their bark, treated with an insecticide known to be effective against the vector or covered with an insect net drenched with such an insecticide immediately on arrival at the storage place or the authorised treatment facility; or

(b)where the Scottish Ministers conclude that the actions described in sub-paragraph (a) would not be effective, be immediately destroyed on site and chipped into pieces less than 3 cm thick and 3 cm wide.

PART EOther measures

19.  Where an area is demarcated under paragraph 3 by the Scottish Ministers, they must ensure that-

(a)operators and the public are informed of the measures taken in accordance with Parts C and D; and

(b)frequent random checks are carried out on susceptible plants, susceptible wood and susceptible bark which are being moved from the demarcated area to another demarcated area or from the infested zone to the buffer zone in the demarcated area.

20.  The Scottish Ministers must ensure that the checks referred to in paragraph 19(b) are based on the risk that the plants or wood and bark in question carry live pinewood nematodes, taking into account the provenance of the consignment, the degree of susceptibility of the plants or wood and bark in question and past compliance by the operator with any relevant movement restrictions or any other measure imposed on the operator to eradicate or contain the plant pest.

21.  Any checks must be carried out-

(a)at the points where they are moved from the infested zone into the buffer zone;

(b)at the points where they are moved from the buffer zone into an area outside the demarcated area;

(c)at their place of destination in the buffer zone; and

(d)at their place of origin in the infested zone, including sawmills.

22.  The checks must include-

(a)an examination to ascertain that the plants, wood or bark is accompanied by a UK plant passport;

(b)an examination to ascertain the identity of the relevant material being moved; and

(c)an examination of the plants, wood or bark to ascertain whether they meet the requirements of this Order relating to their movement, and testing for the presence of the plant pest where the movement of material is or is suspected to be in breach of restrictions on the movement of susceptible plants, susceptible wood or susceptible bark under this Order or with any other measure imposed on the operator to eradicate or contain the plant pest.

23.  The Scottish Ministers must ensure that random checks are carried out on susceptible plants, susceptible wood and susceptible bark moving from a demarcated area situated outside its territory into its territory.

24.  Where any random check reveals that the susceptible plants, susceptible wood or susceptible bark are being moved in contravention of any movement restrictions referred to in paragraph 22(c), the Scottish Ministers must ensure that-

(a)the susceptible plants, susceptible wood or susceptible bark are destroyed under official supervision;

(b)the susceptible plants, susceptible wood or susceptible bark are moved under official supervision to an authorised treatment facility for heat treatment; or

(c)where the susceptible material consists of wood packaging material actually in use in the transport of objects, the wood packaging material is returned under official supervision to the place of dispatch or a location nearby the place of interception for repackaging those objects and destruction of the wood packaging material.

PART FAuthorisation of treatment facilities

25.  Where an area is demarcated under paragraph 3 by the Scottish Ministers, they must by notice designate the treatment facilities that are authorised by they to-

(a)carry out appropriate heat treatment for the purposes of item 7 of Part E of the list of regulated material;

(b)issue UK plant passports for susceptible wood and bark which they have treated for the purposes of item 7 of Part E of the list of regulated material;

(c)treat wood packaging material for the purposes of item 7 of Part E of the list of regulated material; and

(d)mark beehives and bird nesting boxes for the purposes of item 7 of Part E of the list of regulated material.

26.  The Scottish Ministers must ensure that-

(a)each treatment facility which is authorised for the purposes of paragraph 25 has systems in place to guarantee the traceability of any susceptible wood or susceptible bark that it treats;

(b)each treatment facility which is authorised to apply the mark specified in Annex 2 to ISPM No. 15 uses wood which has been treated by an authorised treatment facility and has systems in place to guarantee the traceability of the treated wood back to the treatment facility at which it was treated.

27.  The Scottish Ministers must ensure that the treatment facilities that they have authorised are subject to official supervision.

28.  The Scottish Ministers must withdraw any authorisation granted to a treatment facility where they become aware of the presence of the plant pest in susceptible wood, susceptible bark or wood packaging material treated by the treatment facility or in susceptible wood packaging material marked by the treatment facility.

PART GLifting of demarcation

29.  The Scottish Ministers may lift the demarcation which applies to a demarcated area if-

(a)official surveys show that the plant pest has not been found to be present in the demarcated area in the four years prior to the lifting of the demarcation; or

(b)the Scottish Ministers have evidence from the surveys carried out for the presence of the vector in accordance with ISPM No. 4 that the vector has not been present in the area for the three years prior to the lifting of the demarcation, and the absence of the vector has been confirmed by sampling and testing.

Article 37A(6)

SCHEDULE 12EEmergency measures: Xylella fastidiosa (Wells et al.)

PART AApplication and interpretation

1.  This schedule applies where Xylella fastidiosa (Wells et al.) is confirmed to be present in Scotland.

2.  In this schedule-

"demarcated area" means an area demarcated under paragraph 5;

"infected plant" means a plant which has been tested and found to be infected by the plant pest;

"the plant pest" means Xylella fastidiosa (Wells et al.);

"susceptible plants" means host plants, intended for planting, belonging to the genera or species listed in the list of Xylella host plants.

3.  Any test or survey which is carried out for the purposes of paragraph 7(b), 25(b)(ii) or 26 must be based on a sampling scheme capable of identifying with 99% reliability a level of presence of infected plants of 1% or above.

4.  Any survey which is carried out for the purposes of paragraph 7(c) or 16(g) must be based on a grid split of 100 m x 100 m squares within a zone of a width of at least 1 km surrounding the infected zone and a grid split of 1 km x 1 km squares within the rest of the buffer zone.

PART BEstablishment of a demarcated area

5.  The Scottish Ministers must by notice and without delay demarcate an area in relation to the infection consisting of an infected zone and a buffer zone around the infected zone.

6.  The infected zone must include all plants known to be infected by the plant pest, all plants showing symptoms indicating possible infection by the plant pest and all other plants liable to be infected by the plant pest due to their close proximity to infected plants or a known common source of production with infected plants or plants grown from them.

7.  The boundary of the buffer zone must be at least five km beyond the boundary of the infected zone, but may be reduced to one km beyond the boundary of the infected zone where the Scottish Ministers conclude with a high degree of confidence that the initial presence of the plant pest has not resulted in any spread of the plant pest and the following conditions have been met-

(a)all host plants within a radius of 100 m of the infected plant have been promptly removed;

(b)no other plants have been found infected by the plant pest in the infected zone following official tests which have been carried out at least once during the course of the year and which targeted symptomatic plants, as well as asymptomatic plants in the proximity of the symptomatic ones;

(c)a delimiting survey has been carried out in the zone surrounding the infected zone that extended at least 2.5 km beyond the boundary of the infected zone, which included visual inspections of susceptible plants and the sampling and testing of symptomatic plants, as well as asymptomatic plants in the proximity of the symptomatic plants; and

(d)the possibility of natural spread of the plant pest has been excluded as a result of tests which have been carried out twice during the flight season of the relevant vector and in accordance with international guidelines in which no vectors carrying the plant pest have been detected in the infected zone.

8.  The demarcation of the infected zone and the buffer zone must be based on sound scientific principles, the biology of the plant pest and its vectors, the level of infection, the distribution of the susceptible plants in the area concerned and the presence of vectors of the plant pest.

9.  Where the infection is limited to one particular sub-species of the plant pest which has been identified by one positive molecular test carried out in line with international standards, the demarcation may be based on that sub-species alone.

10.  If there is a confirmed finding of the plant pest in the buffer zone, the Scottish Ministers must either demarcate a further area or amend the original demarcated area in accordance with paragraphs 5 to 9 to take account of that finding.

11.  The Scottish Ministers must maintain a list of demarcated areas in their territory and publish that list.

12.  Paragraph 5 is subject to paragraph 23.

13.  This Part does not apply in so far as any part of the area to be demarcated would be in England.

PART CEradication measures

14.  This Part applies where an area is demarcated under paragraph 5 by the Scottish Ministers.

15.  The Scottish Ministers must ensure that measures are taken to eradicate the plant pest.

16.  The eradication measures must include-

(a)the immediate removal of the following plants within a radius of 100 m of each infected plant, other than any plants to which paragraph 17 applies-

(i)host plants, regardless of their health status;

(ii)plants known to be infected by the plant pest; and

(iii)plants showing symptoms indicating possible infection by the plant pest or which are suspected to be infected by the plant pest;

(b)in the case of any plants to which paragraph 17 applies-

(i)the official inspection of those plants during the flight season of relevant vectors for symptoms of the plant pest and measures to ensure their physical isolation; and

(ii)their sampling and testing for the presence of the plant pest where symptoms of the plant pest are present;

(c)the sampling and testing of susceptible plants within a radius of 100 m of each infected plant in accordance with ISPM No. 31;

(d)the application of appropriate phytosanitary treatments against vectors of the plant pest and plants that may host those vectors prior to the removal of any plants under sub-paragraph (a);

(e)the destruction of the plants removed under sub-paragraph (a) either in situ or in a nearby location designated for this purpose within the infected zone in a manner that ensures that the plant pest is not spread;

(f)appropriate investigations to identify the origin of the infection, which must include the tracing of susceptible plants associated with the infected plants (including those that were moved before the demarcated area was established);

(g)annual surveys to monitor the presence of the plant pest, which must include visual inspections of susceptible plants and the sampling and testing of symptomatic plants, as well as asymptomatic plants in the proximity of the symptomatic ones;

(h)the prohibition on the planting of host plants in the infected zone, except where they are physically protected against the introduction of the plant pest by its vectors;

(i)the raising of public awareness of the threat of the plant pest and the measures adopted to prevent its introduction and spread and the setting up of road signs to delineate the demarcated area;

(j)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication of the plant pest;

(k)the application of appropriate agricultural practices for the management of the plant pest and its vectors; and

(l)any other measure which may contribute to the eradication of the plant pest, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

17.  The Scottish Ministers may decide that individual host plants officially designated as plants with historic value need not be removed if the following conditions are met-

(a)the host plants have been sampled and tested and have been confirmed not to be infected by the plant pest;

(b)the individual host plants have, or the area concerned has, been physically isolated in an appropriate manner from relevant vectors for the purpose of preventing the spread of the plant pest;

(c)appropriate agricultural practices for the management of the plant pest and its vectors have been applied.

PART DOther measures

18.  Where an area is demarcated under paragraph 5 by the Scottish Ministers, they must ensure that regular official checks are carried out on susceptible plants which are being moved out of the demarcated area, or from the infected zone to the buffer zone in the demarcated area.

19.  The Scottish Ministers must ensure that the checks referred to in paragraph 18 are carried out at-

(a)the points where the susceptible plants are moved from the infected zone into the buffer zone;

(b)the points where the susceptible plants are moved from the buffer zone into an area outside the demarcated area;

(c)their place of destination in the buffer zone; and

(d)their place of destination outside the demarcated zone.

20.  The checks must include an examination of the UK plant passport accompanying the plants and an examination to ascertain the identity of the material in the consignment.

21.  The intensity of the checks must be based on the risk of the plants carrying the plant pest or its known or potential vectors, taking into account-

(a)the provenance of the lots in the consignment;

(b)the degree of susceptibility of the plants; and

(c)the extent to which each operator in the demarcated area has complied with the restrictions on the movement of susceptible plants under this Order and with any other official measure imposed on the operator to eradicate or contain the plant pest.

22.  Where any checks carried out pursuant to paragraph 18 show that the plants do not comply with the requirements specified under this Order in relation to their movement, the Scottish Ministers must ensure that those plants are destroyed immediately in situ or in a nearby location and that all necessary precautions to avoid the spread of the plant pest and its vectors are taken during and after removal.

PART EMeasures to be taken where no demarcated area is established

23.  The Scottish Ministers need not demarcate an area in relation to a finding of the plant pest in Scotland where-

(a)there is evidence-

(i)that the infection has been caused by the recent movement of susceptible plants to the area in which the plant pest was found; or

(ii)that the plant pest has been found in a site with physical protection from the vectors of the plant pest;

(b)there is evidence that the susceptible plants were infected with the plant pest before they were introduced into that area; and

(c)no vectors carrying the plant pest have been detected in tests carried out in accordance with internationally validated testing methods in the vicinity of those plants.

24.  Where the Scottish Ministers do not demarcate an area for the reasons specified in paragraph 23(a) to (c), they must ensure that annual surveys are carried out for a period of at least two years beginning on the date of their decision not to demarcate the area, in order to determine whether any other plants are or have been infected with the plant pest.

PART FLifting of demarcation

25.  The Scottish Ministers may lift the demarcation that applies to a demarcated area if-

(a)the plant pest is not detected in the demarcated area over a period of five years in official surveys carried out pursuant to paragraph 1(e) of schedule 12A or by the monitoring referred to in paragraph 16(g); and

(b)where the buffer zone has been reduced in accordance with paragraph 7, one year after the date of its initial establishment if the following conditions are met-

(i)the measures described in paragraphs 7(a) to (d) have been taken and, as a result, the Scottish Ministers are able to conclude with a high degree of confidence that the initial presence of the plant pest was an isolated case and no further spread has occurred in the demarcated area; and

(i)as close as practically possible to the time of lifting, official tests have been carried out in the demarcated area in accordance with international standards, which targeted symptomatic plants and asymptomatic plants in the proximity of the symptomatic plants.

26.  Where the demarcation of an area is lifted under paragraph 25(b), the Scottish Ministers must ensure that the susceptible plants located in that area are subject to intensive surveys for a period of two years following the date of the lifting of the demarcation.

27.  Those surveys must-

(a)be carried out in accordance with international standards;

(b)be based on scientific and technical principles relating to the potential spread of the plant pest in the immediate surroundings; and

(c)include the targeting of symptomatic plants and asymptomatic plants in the proximity of the symptomatic plants.

Article 37A(7)

SCHEDULE 12FEmergency measures: Anoplophora glabripennis (Motschulsky)

PART AApplication and interpretation

1.  This schedule applies where Anoplophora glabripennis (Motschulsky) is confirmed to be present in Scotland.

2.  In this schedule-

"appropriate time", in relation to the felling of susceptible plants, means-

"demarcated area" means an area demarcated under paragraph 3;

"infested plant" means a plant which has been found to be infested with the plant pest;

"the plant pest" means Anoplophora glabripennis (Motschulsky);

"the relevant period" means four consecutive years which includes at least one life cycle of the plant pest and the year after;

"susceptible plants" means plants for planting, other than seeds, that have a stem diameter of one cm or more at their thickest point of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Cercidiphyllum spp., Corylus spp., Fagus spp., Fraxinus spp., Koelreuteria spp., Platanus spp., Populus spp., Salix spp., Tilia spp. and Ulmus spp.;

"susceptible wood" means wood, obtained in whole or in part of the specified plants, other than wood packaging material, but including wood that has not retained its natural round surface which meets one of the following descriptions-

PART BEstablishment of demarcated area

3.  The Scottish Ministers must by notice and without delay demarcate an area in relation to the infestation consisting of an infested zone and a buffer zone around the infested zone.

4.  The infested zone must include the area in which the plant pest was found and all plants showing symptoms caused by that plant pest.

5.  The boundary of the buffer zone must be at least two km beyond the boundary of the infested zone, but may be reduced to one km beyond the boundary of the infested zone if the Scottish Ministers conclude that eradication of the plant pest is possible and for so long as they remain of that view.

6.  The demarcation of the infested zone and the buffer zone must be based on sound scientific principles, the biology of the plant pest, the level of infestation, the distribution of the host plants in the area concerned and evidence of establishment of the plant pest.

7.  If there is a confirmed finding of the plant pest outside the infested zone, the Scottish Ministers must either demarcate a further area or amend the original demarcated area in accordance with paragraphs 3 to 6 to take account of that finding.

8.  Paragraph 3 is subject to paragraph 15.

9.  This Part does not apply in so far as any part of the area to be demarcated would be in England.

PART CMeasures to be taken in a demarcated area

10.  Where an area is demarcated under paragraph 3, the Scottish Ministers must ensure that measures are taken within the demarcated area to eradicate the plant pest in the area or, where they have concluded that eradication of the plant pest is no longer possible, to contain the spread of the plant pest from the area.

11.  The eradication measures must include-

(a)the felling of all infested plants and plants with symptoms caused by the plant pest, and the complete removal of their roots if larval galleries are observed below the root collar of the infested plants, at the appropriate time;

(b)the felling of all susceptible plants within a radius of 100 m of an infested plant, other than any plant to which sub-paragraph (d) applies, and the examination of those plants for any sign of infestation;

(c)the removal, examination and disposal of plants felled in accordance with sub-paragraphs (a) and (b), and where necessary their roots, taking all necessary precautions to avoid the spread of the plant pest during and after felling;

(d)in any case where the Scottish Ministers conclude that the felling and disposal of any infested plant, any plant with symptoms caused by the plant pest or any susceptible plant within a radius of 100 m of an infested plant would not be appropriate due to the particular social, cultural or environmental value of the plant, regular detailed examination of any sign of infestation and the application of measures equivalent to its felling and disposal to prevent any possible spread of the plant pest from the plant;

(e)the prohibition of any movement of potentially infested plants out of the demarcated area;

(f)the tracing back to the origin of the infestation and the tracing of plants and wood associated with the infestation as far as possible, along with examinations of the plants and wood traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;

(g)where appropriate, the replacement of susceptible plants by other plants;

(h)the prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production authorised by the Scottish Ministers;

(i)intensive monitoring for the presence of the plant pest on host plants by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, which must include at least one inspection a year using techniques capable of detecting infestation at crown height and, where appropriate, targeted destructive sampling;

(j)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within Scotland, including the conditions relating to the movement of susceptible plants and susceptible wood from the demarcated area;

(k)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication of the plant pest; and

(l)any other measure which may contribute the eradication of the plant pest, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

12.  The containment measures must include-

(a)the following measures-

(i)the felling of all infested plants and plants with symptoms caused by the plant pest and the complete removal of their roots if larval galleries are observed below the root collar of the infested plants, at the appropriate time; and

(ii)the removal, examination and disposal of plants felled in accordance with paragraph (i) and, where necessary, their roots, taking all necessary precautions to avoid the spread of the plant pest after felling; or

(b)the prohibition of any movement of potentially infested plants out of the demarcated area;

(c)where appropriate, the replacement of susceptible plants by other plants;

(d)the prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production authorised by the Scottish Ministers;

(e)intensive monitoring for the presence of the plant pest on host plants, with specific focus on the buffer zone, which must include at least one inspection a year using techniques capable of detecting infestation at crown height and, where appropriate, targeted destructive sampling;

(f)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within Scotland, including the conditions relating to the movement of susceptible plants and susceptible wood from the demarcated area;

(g)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication of the plant pest; and

(h)any other measure which may contribute to the containment of the plant pest.

13.  The Scottish Ministers must set time periods for the implementation of the eradication and containment measures to be carried out.

14.  The Scottish Ministers may only conclude that it is not possible to eradicate the plant pest from a demarcated area where the results of official surveys carried out over the relevant period have confirmed the presence of the plant pest in the demarcated area and there is evidence that the plant pest can no longer be eradicated from the area.

PART DMeasures to be taken where no demarcated area is established

15.  The Scottish Ministers need not demarcate an area in relation to a finding of the plant pest in Scotland-

(a)where there is evidence that-

(i)the infestation has been caused by the movement of susceptible plants or susceptible wood to the area in which the plant pest was found and that the susceptible plants or susceptible wood were infested with the plant pest before that movement; or

(ii)it is an isolated finding which is not expected to lead to the establishment of the plant pest; and

(b)where they have ascertained from a specific investigation that the plant pest is not established in the area and that it will not successfully breed or spread due to its biology if appropriate eradication measures are taken.

16.  Where the Scottish Ministers do not demarcate an area for the reasons specified in paragraph 15(a) and (b), they must ensure that-

(a)measures are taken immediately for the purpose of promptly eradicating the plant pest and preventing its spread;

(b)monitoring is carried out over the relevant period for the presence of the plant pest in the area which lies within a radius of one km of the infested plants or infested wood or the place where the plant pest was found, which must be regular and intensive in the first year;

(c)all infested plants and wood are destroyed;

(d)tracing back to the origin of the infestation and tracing of plants and wood associated with the infestation is carried out as far as possible, along with examinations of the plants and wood traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;

(e)activities to raise public awareness of the threat posed by the plant pest are carried out; and

(f)any other measure which may contribute to the containment of the plant pest, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

PART ELifting of demarcation

17.  The Scottish Ministers may lift the demarcation that applies to a demarcated area-

(a)if the plant pest is not detected in the area over a relevant period during official surveys carried pursuant to paragraph 1(f) of schedule 12A and the monitoring referred to in paragraph 11(i); or

(b)in any case where, following further investigation, it is clear that the area need not have been demarcated for the reasons specified in paragraph 15(a) and (b).

Article 37A(8)

SCHEDULE 12GEmergency measures: Aromia bungii (Faldermann)

PART AApplication and interpretation

1.  This schedule applies where Aromia bungii (Faldermann) is confirmed to be present in Scotland.

2.  In this schedule-

"appropriate time", in relation to the felling of susceptible plants, means-

"demarcated area" means an area demarcated under paragraph 3;

"infested plant" means a plant which has been found to be infested with the plant pest;

"infested wood" means wood which has been found to be infested with the plant pest;

"infested wood packaging material" means wood packaging material which has been found to be infested with the plant pest;

"the plant pest" means Aromia bungii (Faldermann);

"susceptible plants" means plants for planting, other than seeds, that have a stem diameter of one cm or more at their thickest point of Prunus spp., other than Prunus laurocerasus L.;

"susceptible wood" means wood, obtained in whole or in part from susceptible plants, which meets one of the following descriptions-

"susceptible wood packaging material" means wood packaging material obtained in whole or in part from susceptible plants.

PART BEstablishment of demarcated area

3.  The Scottish Ministers must by notice and without delay demarcate an area in relation to the infestation consisting of an infested zone and a buffer zone around the infested zone.

4.  The infested zone must include the area in which-

(a)the plant pest was found;

(b)all plants known to be infested by the plant pest are located;

(c)all plants showing signs or symptoms indicating possible infestation by the plant pest are located; and

(d)all plants which may be or may become infested by the plant pest, including any plants which may be or may become infested with the plant pest due to their susceptibility to the plant pest and their close proximity to infested plants or a common source of production, if known, with infested plants or plants grown from them.

5.  The boundary of the buffer zone-

(a)must initially be at least two km beyond the boundary of the infested zone, but may be reduced to one km beyond the boundary of the infested zone if the Scottish Ministers conclude that eradication of the plant pest is possible and for so long as they remain of that view; or

(b)where the Scottish Ministers subsequently conclude in accordance with paragraph 13 that eradication of the plant pest is no longer possible, must be at least four km beyond the boundary of the infested zone.

6.  The demarcation of the infested zone and the buffer zone must be based on sound scientific principles, the biology of the plant pest, the level of infestation, the distribution of susceptible plants and susceptible wood in the area concerned and evidence of establishment of the plant pest.

7.  If there is a confirmed finding of the plant pest in the buffer zone, the Scottish Ministers must amend the original demarcated area in accordance with paragraphs 3 to 6 to take account of that finding.

8.  Paragraph 3 is subject to paragraph 14.

9.  This Part does not apply in so far as any part of the area to be demarcated would be in England.

PART CMeasures to be taken in a demarcated area

10.  Where an area is demarcated under paragraph 3, the Scottish Ministers must ensure that measures are taken within the demarcated area to eradicate the plant pest in the area or, where they have concluded that eradication of the plant pest is no longer possible, to contain the spread of the plant pest from the area.

11.  The eradication measures must include-

(a)the felling of all infested plants and plants with symptoms caused by the plant pest, and the complete removal of their roots if larval galleries are observed below the root collar of the infested plants, at the appropriate time;

(b)the felling of all susceptible plants within a radius of 100 m of an infested plant, other than any plant to which sub-paragraph (d) applies, and the examination of those plants for any sign of infestation;

(c)the removal, examination and disposal of plants felled in accordance with sub-paragraphs (a) and (b), and where necessary their roots, taking all necessary precautions to avoid the spread of the plant pest during and after felling and the examination and disposal of other plant products and wood packaging material;

(d)in any case where the Scottish Ministers conclude that the felling and disposal of any susceptible plant within a radius of 100 m of an infested plant would not be appropriate due to the particular social, cultural or environmental value of the plant, regular detailed examination of the plant for any sign of infestation and the application of measures equivalent to its felling and disposal to prevent any possible spread of the plant pest from the plant;

(e)the prohibition of any movement of a susceptible plant, susceptible wood or susceptible wood packaging material which is potentially infested with the plant pest out of the demarcated area;

(f)the tracing back to the origin of the infestation, and the tracing of plants, wood and wood packaging material associated with the infestation as far as possible, along with examinations of the plants, wood and wood packaging material traced for any sign that they are infested with the plant pest;

(g)where appropriate, the replacement of susceptible plants by other plant species;

(h)a prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production authorised by the Scottish Ministers;

(i)intensive surveillance for the presence of the plant pest on species of Prunus L. by annual inspections at appropriate times, with specific focus on the buffer zone, which must include at least one inspection a year and, where appropriate, destructive sampling;

(j)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within the relevant UK territory, including the conditions relating to the movement of susceptible plants, susceptible wood and susceptible wood packaging material from the demarcated area;

(k)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication of the plant pest; and

(l)any other measure which may contribute to the eradication of the plant pest, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

12.  The containment measures must include-

(a)the following measures-

(i)the felling of all infested plants and plants with symptoms caused by the plant pest and the complete removal of their roots if larval galleries are observed below the root collar of the infested plants, at the appropriate time; and

(ii)the removal, examination and disposal of plants felled in accordance with paragraph (i) and, where necessary, their roots, taking all necessary precautions to avoid the spread of the plant pest after felling; or

(b)the prohibition of any movement of susceptible plants which are potentially infested with the plant pest out of the demarcated area;

(c)where appropriate, the replacement of susceptible plants by other plants;

(d)the prohibition on the planting of susceptible plants in the open air in the infested zone, except in a place of production authorised by the Scottish Ministers;

(e)intensive surveillance for the presence of the plant pest on species of Prunus L., with specific focus on the buffer zone, which must include at least one inspection a year and, where appropriate, targeted destructive sampling;

(f)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within the relevant UK territory, including the conditions relating to the movement of susceptible plants and susceptible wood from the demarcated area;

(g)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment of the plant pest; and

(j)any other measure which may contribute to the containment of the plant pest.

13.  The Scottish Ministers may only conclude that it is not possible to eradicate the plant pest from a demarcated area where the results of official surveys carried out over a period of four consecutive years have confirmed the presence of the plant pest in the demarcated area and there is evidence that the plant pest can no longer be eradicated from the area.

PART DMeasures to be taken where no demarcated area is established

14.  The Scottish Ministers need not demarcate an area in relation to a finding of the plant pest in a relevant UK territory where-

(a)there is evidence-

(i)that the infestation has been caused by the movement of any susceptible plant, susceptible wood or susceptible wood packaging material to the area in which the plant pest was found and that the susceptible plants, susceptible wood or susceptible wood packaging material was infested with the plant pest before that movement; or

(ii)that it is an isolated finding, immediately associated with a susceptible plant, susceptible wood or susceptible wood packaging material, which is not expected to lead to the establishment of the plant pest; and

(b)they have ascertained from a specific investigation that the plant pest is not established in the area and that, due to its biology, it will not successfully breed or spread if appropriate eradication measures are taken.

15.  Where Scottish Ministers do not demarcate an area for the reasons specified in paragraph 14, they must ensure that-

(a)measures are taken immediately for the purpose of promptly eradicating the plant pest and preventing its spread;

(b)regular and intensive surveillance is carried out over a period of four consecutive years for the presence of the plant pest in the area which lies within a radius of one km of the infested plants, infested wood or infested wood packaging material or the place where the plant pest was found;

(c)all infested plants, infested wood and infested wood packaging material are destroyed;

(d)tracing back to the origin of the infestation and tracing of plants, wood and wood packaging material associated with the infestation is carried out as far as possible, along with examinations of the plants, wood and wood packaging material traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;

(e)activities to raise public awareness of the threat posed by the plant pest are carried out; and

(f)any other measure which may contribute to the eradication of the plant pest, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

PART EAuthorisation of treatment and processing facilities

16.  Where an area is demarcated under paragraph 3 by the Scottish Ministers and there are no treatment or processing facilities in the demarcated area to treat or process susceptible wood for the purposes of item 11 of Part E of the list of regulated material, or to treat and mark susceptible wood packaging material for the purposes of item 12 of Part E of the list of regulated material, the Scottish Ministers must ensure that any susceptible wood or susceptible wood packaging material is only moved to a facility outside the demarcated area if-

(a)in the case of susceptible wood, the facility has been authorised to treat susceptible wood for the purposes of item 11 of Part E of the list of regulated material, and the wood is immediately treated or processed at the facility on arrival;

(b)in the case of susceptible wood packaging material, the facility has been authorised to treat and mark susceptible wood packaging material for the purposes of item 12 of Part E of the list of regulated material and the wood packaging material is immediately treated and marked at the facility on arrival; and

(c)the movement is carried out under the control of the Scottish Ministers and under closed conditions so as to ensure that the plant pest cannot spread.

17.  The Scottish Ministers must ensure that-

(a)any facility which is located outside the demarcated area and is authorised to treat susceptible wood for the purposes of item 11 of Part E of the list of regulated material disposes of any waste material in a manner that ensures the plant pest cannot spread;

(b)intensive surveillance is carried out at appropriate times for the presence of the plant pest through inspections on species of Prunus L, within at least one km of the facility.

PART FLifting of demarcation

18.  The Scottish Ministers may lift the demarcation that applies to a demarcated area if the plant pest is not detected in the area over a period of four consecutive years-

(a)during official surveys carried pursuant to paragraph 1(g) of schedule 12A; and

(b)in regular and intensive surveillance for the presence of the plant pest carried out in the area lying within a radius of one km of the infested plants, infested wood or infested wood packaging material or the place where the plant pest was found.".

64.  Omit schedule 13.

65.  After schedule 13, insert-

Article 39

"SCHEDULE 13BLicences for trial or scientific purposes or for work on varietal selections

1.  In this schedule, "specified activity" means any activity for trial or scientific purposes or for work on varietal selections.

PART AInformation to be included in an application for a scientific licence

2.  The name and address of the person responsible for the proposed specified activity.

3.  The following details in relation to the relevant material and plant pests to be used in the specified activity-

(a)their scientific name or names;

(b)the type of relevant material;

(c)the quantity of relevant material;

(d)the place of origin of the relevant material;

(e)the place at which the relevant material is to be first stored or planted after its official release (where relevant);

(f)the proposed method of destruction or treatment of the relevant material on completion of the specified activity (where relevant);

(g)in the case of any relevant material or plant pest which is to be imported from a third country, its proposed point of entry into the United Kingdom.

4.  In the case of any relevant material to be used in the specified activity, appropriate documentary evidence to confirm its place of origin.

5.  The duration, nature and objectives of the proposed specified activity, including a summary and a specification of the work to be conducted.

6.  The address and description of the specific site or sites at which the proposed specified activity is to be carried out.

PART BGeneral conditions to be met in relation to an application for a scientific licence

7.  The nature and objectives of the specified activity comply with the concept of trial or scientific purposes or for work on varietal selections.

8.  The premises and the facilities at the site or sites at which the specified activity is to be carried out meet any relevant quarantine containment conditions.

9.  The personnel carrying out the specified activity have appropriate scientific and technical qualifications.

PART CLicence conditions relating to any plant pest or relevant material to be used in a specified activity

10.  For the purposes of article 39(2B)(a), the conditions are that-

(a)in the case of any relevant material, the material is accompanied on its entry into the United Kingdom by a letter of authority which has been issued by the relevant national plant protection organisation on the basis of appropriate documentary evidence as regards the place of origin of the material;

(b)in the case of any relevant material of a description specified in schedule 5, the material is, wherever possible, accompanied on its entry into the United Kingdom by a phytosanitary certificate issued in the country of origin which-

(i)confirms that the material is free from any regulated plant pest, other than any plant pest whose importation is authorised by the licence;

(ii)includes the statement under the heading ‘Additional declaration', ‘This material is imported under Article 39 of the Plant Health (Forestry) Order 2005'; and

(iii)includes the name of any authorised plant pest; and

(c)the relevant material is held under quarantine containment conditions and on arrival is directly and immediately moved to the site or sites specified in the licence.

PART DLicence quarantine measures

11.  The licence quarantine measures are-

(a)in the case of the premises, facilities and working procedures which relate to the specified activity:

(i)the physical isolation of any plant pests or relevant material being used in the specified activity from all other plant pest and relevant material, including the control of vegetation in surrounding areas, where appropriate;

(ii)the designation of a contact person responsible for the specified activity;

(iii)the implementation of restrictions on access to the premises and facilities being used in relation to the specified activity and, where appropriate, to the area surrounding those premises and facilities, to named personnel only;

(iv)the appropriate identification of the premises and facilities being used, indicating the type of activities and the personnel responsible;

(v)the maintenance of a register of the activities performed and a manual of operating procedures, including procedures in the event of an escape of plant pests from containment;

(vi)the maintenance of appropriate security and alarm systems; and

(vii)the implementation of-

(aa)appropriate control measures to prevent the introduction into and the spread of plant pests within the premises being used;

(bb)controlled procedures for sampling, and for the transfer of any relevant material between the premises and facilities being used;

(cc)controls for the disposal of waste, soil and water, as appropriate;

(dd)appropriate hygiene and disinfection procedures and facilities for personnel, structures and equipment;

(ee)appropriate measures and facilities for the disposal of experimental material;

(ff)appropriate indexing (including testing) facilities and procedures; and

(b)other appropriate quarantine measures according to the specific biology and epidemiology of the type of material involved and the activities approved, including-

(i)the maintenance of facilities accessible to authorised personnel via a separate room with two interlocking doors;

(ii)the maintenance of facilities under negative air pressure,

(iii)the use of escape-proof containers with appropriate mesh size and other barriers;

(iv)the maintenance of the material in isolation from other plant pests and material;

(v)the maintenance of any material for breeding in breeding cages with manipulation devices;

(vi)the prohibition on any interbreeding of the plant pest with indigenous strains or species;

(vii)the implementation of controls on the continuous culture of the plant pest;

(viii)the maintenance of the plant pest under conditions that strictly control the multiplication of the plant pest;

(ix)the implementation of procedures to check the purity of cultures of the plant pest for freedom from parasites and other plant pests;

(x)the implementation of appropriate control programmes in respect of the material to eliminate possible vectors;

(xi)in the case of in vitro activities, the implementation of controls on the handling of the material under sterile conditions;

(xii)the maintenance of the plant pest in conditions to ensure that it cannot spread via any vector; and

(xiii)the seasonal isolation of the material to ensure that the activities are done during periods of low plant health risk.".

PART 3Amendment of the Forest Reproductive Material (Great Britain) Regulations 2002

66.-(1) The Forest Reproductive Material (Great Britain) Regulations 2002(44) are amended as follows.

(2) Regulation 2 is amended in accordance with paragraphs (3) and (4).

(3) In paragraph (2)-

(a)after the definition of "approved basic material" insert-

""approved non-EU third country" means a country listed in Part 1A of schedule 13;",

(b)omit the definition of "Council Decision 2008/971/EC",

(c)after the definition of "crossing design" insert-

""the Department" has the meaning given in the NI Regulations;",

(d)omit the definition of "EC classification",

(e)omit the definition of "EU-approved third countries",

(f)in the definition of "genetically modified organism", for the words from "Article 2(1)" to the end substitute "section 106 of the Environmental Protection Act 1990(45)",

(g)in the definition of "Master Certificate"-

(i)in paragraph (b), for "official body for Northern Ireland" to the end substitute "Department in accordance with regulation 13 of the NI Regulations",

(ii)in paragraph (d)-

(aa)for "EU-approved" substitute "approved non-EU",

(bb)for the words from "a relevant" to the end substitute "the Department in accordance with the NI Regulations",

(iii)in paragraph (e), for "an official body of a member State" substitute "the Department",

(h)omit the definition of "the Mediterranean climatic region",

(i)after the definition of "National Register" insert-

""the NI Regulations" means the Forest Reproductive Material Regulations (Northern Ireland) 2002(46);",

(j)in the definition of "official body"-

(i)omit paragraph (b),

(ii)in paragraph (c), after "in relation to" insert "an approved non-EU third country or",

(k)omit the definition of "plant passport",

(l)in the definition of "region of provenance", for "in accordance with Article 9 of the Directive by another official body" substitute "pursuant to regulation 5 of the NI Regulations by the Department",

(m)for the definition of "third countries" substitute-

""third country" means a country or territory outside the United Kingdom;"

(n)after the definition of "the Tribunal" insert-

""UK plant passport" has the meaning given in the Plant Health (Forestry) order  2005;".

(4) Omit paragraphs (4A) to (6).

(5) In regulation 4-

(a)in paragraph (1)(c), omit "subject to paragraph (1A)",

(b)omit paragraph (1A).

(6) In regulation 7(4)-

(a)omit sub-paragraph (b),

(b)at the end insert-

"(d)as regards Scotland, consent to the marketing of the basic material has been given by the Scottish Ministers in accordance with the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002(47)".

(7) In regulation 14(4)-

(a)in sub-paragraph (a)-

(i)in paragraph (ii)-

(aa)for "any other official body of a member State" substitute "the Department",

(bb)for "the official body in accordance with Article 10 of the Directive" substitute "the Department in accordance with regulation 7 of the NI Regulations",

(ii)in paragraph (iii), for "an EU-approved" substitute "a member State, an approved non-EU",

(b)in sub-paragraph (b), after paragraph (i) insert-

"(ia)in the case of forest reproductive material derived from basic material approved by the Department, has the meaning given in regulation 7(5) of the NI Regulations;".

(8) In regulation 17-

(a)in paragraph (1)-

(i)in sub-paragraph (b)-

(aa)omit "or another member State",

(bb)for "Article 14 of the Directive" substitute "regulation 19 of the NI Regulations",

(ii)after sub-paragraph (b), insert-

"(bb)in the case of forest reproductive material produced in a member State and imported into Scotland, it has met the requirements as to entry into Scotland set out in regulation 25;",

(iii)in sub-paragraph (c), for "EU-approved" substitute "approved non-EU",

(iv)omit sub-paragraph (d),

(v)after sub-paragraph (e) insert-

"(eb)in the case of forest reproductive material imported into Northern Ireland, it met the requirements set out in the NI Regulations as to entry into Northern Ireland and was accompanied on its entry into Scotland by the supplier's label or document required by regulation 19 of the NI Regulations;",

(vi)omit sub-paragraph (f),

(b)omit paragraph (12).

(9) In regulation 18A(3)(48), in sub-paragraph (c), for "the Directive" substitute "any provision made under retained EU law relating to forest reproductive material or under the Plant Varieties and Seeds Act 1964(49)".

(10) In regulation 19-

(a)in paragraph (1)-

(i)in sub-paragraph (e), omit ", another member State",

(ii)omit sub-paragraph (h)

(iii)omit sub-paragraph (i) and the preceding "and",,

(b)in paragraph (3), for "EU-approved" substitute "approved non-EU".

(11) In the heading to Part VI for "Between Great Britain and elsewhere in the European Union" substitute "within the United Kingdom".

(12) In regulation 21 for "Northern Ireland", in each place where it occurs (including the heading) substitute "another part of the United Kingdom".

(13) Omit regulation 22.

(14) In regulation 23-

(a)in the heading, at the end, insert "or within Great Britain",

(b)for "Northern Ireland" substitute "another part of the United Kingdom",

(c)for "required by Article 14 of the Directive" substitute "setting out the particulars required under regulation 19 of these Regulations or regulation 19 of the NI Regulations".

(15) Omit regulation 24.

(16) In regulation 25A(50)-

(a)in paragraphs (1) and (2), for "an EU-approved" substitute "a member State, an approved non-EU",

(b)in paragraph (6), for "an EU-approved" substitute "a member State or an approved non-EU".

(17) In regulation 26(3)(a)(vii), at the beginning insert "UK".

(18) In regulation 27-

(a)in paragraph (2)-

(i)omit ", including representatives of the Commission of the European Union",

(ii)omit ", or for facilitating the checks required under Article 16(6) of the Directive",

(b)in paragraph (3), omit "the Commission of the European Union or".

(19) In regulation 34(2), omit "or European Community".

(20) In the model certificate in schedule 6-

(a)for "ISSUED IN ACCORDANCE WITH DIRECTIVE 1999/105/EC" substitute-

"ISSUED IN ACCORDANCE WITH THE OECD FOREST AND PLANT SCHEME AND THE FOREST REPRODUCTIVE MATERIAL (GREAT BRITAIN) REGULATIONS 2002",

(b)for "MEMBER STATE:" substitute "UNITED KINGDOM",

(c)for "No EC:/(MEMBER STATE CODE)/ (No)" substitute "UK (No.)",

(d)for "EC Directive" substitute "OECD Forest Seed and Plant Scheme moving in International Trade and the Forest Reproductive Material (Great Britain) Regulations 2002",

(e)for "EC Certificate" substitute "UK or OECD Certificate".

(21) In the model certificate in schedule 7-

(a)for "ISSUED IN ACCORDANCE WITH DIRECTIVE 1999/105/EC" substitute-

"ISSUED IN ACCORDANCE WITH THE OECD FOREST AND PLANT SCHEME AND THE FOREST REPRODUCTIVE MATERIAL (GREAT BRITAIN) REGULATIONS 2002",

(b)for "MEMBER STATE:" substitute "UNITED KINGDOM",

(c)for "No EC:/(MEMBER STATE CODE)/ (No.)" substitute "UK (No.)",

(d)for "EC Directive" substitute "OECD Forest Seed and Plant Scheme and the Forest Reproductive Material (Great Britain) Regulations 2002",

(e)for "EC Certificate" substitute "UK or OECD Certificate".

(22) In the model certificate in schedule 8-

(a)for "ISSUED IN ACCORDANCE WITH DIRECTIVE 1999/105/EC" substitute-

"ISSUED IN ACCORDANCE WITH THE OECD FOREST AND PLANT SCHEME AND THE FOREST REPRODUCTIVE MATERIAL (GREAT BRITAIN) REGULATIONS 2002",

(b)for "MEMBER STATE:" substitute "UNITED KINGDOM",

(c)for "No EC:/(MEMBER STATE CODE)/ (No)" substitute "UK (No.)",

(d)for "EC Directive" substitute "OECD Forest Seed and Plant Scheme and the Forest Reproductive Material (Great Britain) Regulations 2002",

(e)for "EC Certificate" substitute "UK or OECD Certificate".

(23) In schedule 9-

(a)in paragraph 1(b), omit "EC", in both places where it occurs,

(b)in the table in paragraph 2(b)-

(i)omit the first row after the heading "Non-Mediterranean regions", and

(ii)omit the heading "Mediterranean regions" and the two rows following it.

(24) Omit schedule 10.

(25) In schedule 13-

(a)in paragraph 1, for "an EU-approved" substitute "a member State, an approved non-EU",

(b)in paragraph 2-

(i)before the definition of "OECD Certificate of Provenance" insert-

""OECD Certificate of Identity" means a certificate of identity issued in accordance with the rules of the OECD Scheme;",

(ii)in the definition of "permitted material"-

(aa)before paragraph (a) insert-

"(za)in the case of forest reproductive material produced in a member State, forest reproductive material which has been certified by the relevant official body in accordance with Article 12 of the Directive or the OECD Scheme;",

(bb)in paragraph (a), for "EU-approved" substitute "approved non-EU",

(c)after Part 1, insert-

"PART 1A

Approved non-EU third countries

Canada

Norway

Serbia

Switzerland

Turkey

United States

PART 1B

Scope of Part 1B

2A.  This Part applies to consignments of permitted material produced in a member State.

General requirements

2B.  A consignment of permitted material must be accompanied by-

(a)a copy of the Master Certificate issued by the relevant official body under Article 12 of the Directive;

(b)a label or document which complies with the requirements in Article 14 of the Directive;

(c)an OECD Certificate of Provenance or OECD Certificate of Identity issued in relation to the permitted material; or

(d)a label or document completed by the supplier of the consignment containing-

(i)the supplier's name;

(ii)all of the information contained in the OECD Certificate of Provenance or OECD Certificate of Identity; and

(iii)in relation to any seed lot which is accompanied by an OECD Certificate of Provenance or an OECD Certificate of Identity, the information specified in paragraph 2D.

2C.  Where the permitted material is accompanied by an OECD Certificate of Provenance or OECD Certificate of Identity, or a label or document referred to in paragraph 2B(d), an OECD label must be attached to each seed lot and to each consignment of planting stock.

2D.  The OECD label attached to the seed lot and any supplier's document accompanying the seed lot must contain the following additional information in relation to the seed lot assessed, so far as is practicable in all the circumstances, using internationally accepted techniques-

(a)the percentage by weight of pure seed, other seed and inert matter;

(b)the germination percentage of pure seed or, where it is impossible or impracticable to assess the germination percentage, the viability percentage assessed by reference to a method which must be described;

(c)the weight of 1000 pure seeds;

(d)the number of germinable seeds per kilogram of the seed, or where it is impossible or impracticable to assess the number of germinable seeds, the number of viable seeds per kilogram;

(e)in the case of a seed lot of closely related species which does not reach a minimum species purity of 99%, the species purity.

2E.  But the OECD label and supplier's document may omit the following information-

(a)any information mentioned in paragraph 2D(a) to (e) which is yet to be ascertained by testing the seed using internationally accepted techniques;

(b)in the case of a seed lot containing seed which has been harvested from the current season's crop, any information mentioned in paragraph 2D(b) or (d) which is not yet available;

(c)in the case of seed which is to be marketed in quantities no greater than those specified for the species or artificial hybrid of the seed in schedule 11, the information mentioned in paragraph 2D(b) or (d).

2F.  All seed must be consigned in sealed packages.".

PART 4Amendment of the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

67.  The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015(51) are amended as follows.

68.  In regulation 2(1)-

(a)at the appropriate place insert-

""controlled consignment", as regards Scotland, means a consignment which includes, or which an inspector considers includes-

(b)omit the definition of "the Directive",

(c)for the definitions of "documentary check" and "identity check" substitute-

""documentary check" means an examination for the purposes of article 12(2B)(c) or 12B(2)(a) of the Order,

"identity check" means an examination for the purposes of article 12(2B)(b) or 12B(2)(b) of the Order;",

(d)for the definition of "plant health check" substitute-

""plant health check" means an examination for the purposes of article 12(2B)(a) of the Order;",

(e)in the definition of "plant passport authority", after "issue" insert "UK".

PART 5Amendments to the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017

69.  The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017(52) are amended as follows.

70.  In regulation 2(1), in the definition of "Union legislation", for "from time to time created or arising by or under the EU treaties" substitute "under retained EU law".

71.  In regulation 5(1)(b), for "Parts 4, 5, 6 and, where relevant, 7" substitute "Parts 4, 5 and 6".

72.  In regulation 7(3), for ", 19(1)(b) or, where relevant, regulation 27" substitute "or 19(1)(b)".

73.  In regulation 18(2)(b), omit " and, where relevant, state that it is likely to have significant effects on the environment in another EEA State".

74.  In regulation 24(2)(e)(ii), omit-

(a)"and, where relevant, Part 7", and

(b)", in particular comments received from an EEA State pursuant to consultation under regulation 27,".

75.  In regulation 26, omit paragraph (3).

76.  Omit Part 7.

77.  In regulation 32-

(a)in paragraph (3), omit "(except in a case referred to in paragraph (4))", and

(b)omit paragraph (4).

78.  In schedule 3-

(a)in paragraph 6, for the words from "at Union or Member State level" to the end substitute "in retained EU law or under other national enactments (including under an Act of the Scottish Parliament and an instrument made under such an Act)", and

(b)in paragraph 9, for the second sentence substitute "Relevant information available and obtained through risk assessments pursuant to retained EU law or Scottish environmental assessments may be used for this purpose provided that the requirements of any law that implemented the Directive are met.".

PART 6Revocations

79.  The following instruments are revoked.

EU regulations

80.  Commission Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community.

EU decisions

81.  Commission Decision 93/360/EEC authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of wood of Thuja L., originating in Canada.

82.  Commission Decision 93/365/EEC authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of heat-treated coniferous wood, originating in Canada, and establishing the details of the indicator system to be applied to the heat-treated wood.

83.  Commission Decision 93/422/EEC authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in Canada, and establishing the details of the indicator system to be applied to the kiln dried wood.

84.  Commission Decision 93/423/EEC authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in the United States of America, and establishing the details of the indicator system to be applied to the kiln dried wood.

85.  Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. Nov.

86.  Commission Decision 2005/359/EC providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards oak (Quercus L.) logs with bark attached, originating in the United States of America.

87.  Commission Implementing Decision 2013/780/EU providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America.

88.  Commission Implementing Decision 2014/917/EU setting out detailed rules for the implementation of Council Directive 2000/29/EC as regards the notification of the presence of harmful organisms and of measures taken or intended to be taken by the Member States.

89.  Commission Implementing Decision (EU) 2015/179 authorising Member States to provide for a derogation from certain provisions of Council Directive 2000/29/EC in respect of wood packaging material of conifers (Coniferales) in the form of ammunition boxes originating in the United States of America under the control of the United States Department of Defence.

90.  Commission Implementing Decision 2017/198/EU as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyuma & Goto.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular the deficiencies referred to in paragraphs (a) to (d) and (g) of section 8(2) of the European Union (Withdrawal) Act 2018) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 makes amendments to the Plant Health Forestry Order 2005 ("the 2005 Order") dealing with restrictions and requirements on the import and landing into Scotland of relevant plant material. Part 4 makes amendment to the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 ("the 2015 Regulations"). Part 5 makes amendment to the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 ("the 2017 Regulations").

The 2005 Order, 2015 Regulations and 2017 Regulations are retained EU law and the amendments in Parts 2, 4 and 5 adjust the operation of the 1994 Regulations after exit day.