The Plant Health (Scotland) Order 2005

• (a) any relevant material which is carrying or is infected with, or which may be carrying or may be infected with, a plant pest referred to in paragraph (2); and

• (b) any relevant material not carrying or infected with a plant pest referred to in paragraph (2), but in respect of which there is, in the opinion of the inspector, an imminent danger of such a plant pest spreading or being spread.

• (4) An inspector on entering any premises under paragraph (1) may be accompanied by such persons, including representatives of the European Commission, and such equipment and vehicles as the inspector considers necessary for the purposes of facilitating the exercise of the inspector’s powers under that paragraph.

• (5) Any person who accompanies an inspector on to premises in accordance with paragraph (4) may, whether or not accompanied by an inspector, upon production if so required of the authority given in that behalf by the Scottish Ministers, remain on the premises and from time to time re enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.

Miscellaneous provisions as to notices

34

• (1) A notice served under paragraph (1) or (2) of article 32 may specify one or more requirements or alternative requirements.

• (2) Any treatment, re export, destruction or disposal required by a notice served under article 32 shall be carried out or arranged to be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector, no plant pest or relevant material to which the notice relates shall be moved otherwise than directly from or to such a place.

• (3) An inspector may amend or withdraw a notice served by an inspector under this Order by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served.

• (4) A notice under paragraph (3) may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any plant pest or re infection or re infestation by the plant pest to which the original notice relates.

• (5) Any notice served under this Part may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.

• (6) Where a notice is served under paragraph (2) or (4) of article 32 (“an article 32 notice”), an inspector may, either in that notice or in a separate notice served on the owner or on such other person as appears to the inspector to be in charge of the premises to which the article 32 notice relates, require the person on whom the notice is served to inform–

• (a) the Scottish Ministers of any change in the occupation of the premises to which the article 32 notice relates together with the date of such change and the name of the new occupier; and

• (b) the new occupier of the premises of the contents of the article 32 notice.

Service of notices

35

• (1) Subject to paragraphs (2), (3) and (4), a notice under this Order may be served on any person–

• (a) by personal delivery;

• (b) by leaving it for that person at that person’s last known place of abode or business; or

• (c) by sending it through the post addressed to that person at that person’s last known place of abode or business.

• (2) Where a notice under this Order must be served on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice shall be taken to be served seven days after it has been addressed to “the occupier” and affixed conspicuously to an object on the premises to which the notice relates.

• (3) Subject to paragraph (4), a notice served under this Order may–

• (a) in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;

• (b) in the case of a partnership (other than a limited liability partnership), be served on a partner or person having the control or management of the partnership business at the address of the principal office of the partnership; or

• (c) in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of that partnership,

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.

• (4) In the case of a registered plant trader a notice under this Order shall be served on the trader either by personal delivery, or by leaving it for the trader, or sending it through the post addressed to the trader, at the address of the premises listed in the register or, if more than one such address is registered, any address specified by the trader as the principal address.

Information as to compliance with notices

36

A person on whom a notice has been served, or is deemed to have been served, under this Order must, if so required by an inspector, immediately inform the inspector whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.

Failure to comply with a notice

37

• (1) Subject to article 38, if any person fails to comply with a notice served, or deemed to be served, on that person under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of the inspector’s authority, at all reasonable times for the purposes of this Order enter any premises in which any plant pest or relevant material to which the notice relates may be present and take or cause to be taken such steps as appear to the inspector to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out.

• (2) An inspector entering any premises under paragraph (1) may be accompanied by such other persons, including representatives of the European Commission, and such equipment and vehicles as the inspector considers necessary for the purposes of facilitating the exercise of the powers under that paragraph, and such other persons whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Scottish Ministers, may remain on the premises and from time to time re enter the premises with any equipment or vehicles that person considers necessary, and carry out such work and in such manner as the inspector may direct.

• (3) Where an inspector takes any steps pursuant to paragraph (1), the Scottish Ministers may recover all reasonable costs of taking such steps as a debt from the person on whom the notice was served.

Power to enter premises used wholly or mainly as a dwelling

38

• (1) The power to enter premises conferred by articles 31, 33 and 37 may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if the inspector has been granted a warrant by a sheriff or a justice of the peace.

• (2) A sheriff or a justice of the peace may grant a warrant under paragraph (1) only if satisfied–

• (a) that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and

• (b) that there are reasonable grounds for entry under article 31, 33 or 37 as the case may be.

• (3) A warrant granted under paragraph (1) shall remain in force–

• (a) for one month; or

• (b) until the purpose for which the warrant is granted has been fulfilled,

whichever period is the shorter.

PART 7 — PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES

Miscellaneous provisions for certain solanaceous species

39

• (1) No person shall knowingly plant or knowingly cause or permit to be planted any potatoes or any potatoes which have been produced from those potatoes, which have been grown in any country outside the European Community other than Switzerland.

• (2) Without prejudice to paragraph (1), no person shall knowingly plant or knowingly cause or permit to be planted any potatoes unless–

• (a) they derive in direct line from potato material which has been obtained under an officially approved programme in the European Community or Switzerland;

• (b) they have been found to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. in official tests using the methods set out in Annex II to Directive 98/57/EC; and

• (c) they have been found to be free from Potato Ring Rot in official tests using the methods set out in Annex I to Directive 93/85/EC.

• (3) No person shall knowingly plant or knowingly cause or permit to be planted potatoes other than–

• (a) potatoes which may be marketed in Scotland under the Seed Potatoes Regulations; or

• (b) one year’s direct progeny of the potatoes referred to in sub paragraph (a), when that direct progeny has been grown by that person.

• (4) Without prejudice to article 28(1)(b), persons involved in the planting of potatoes must retain and make available to an inspector the following documentation–

• (a) an official label together with an invoice or delivery note; or

• (b) where potatoes marketed or marketable under the Seed Potatoes Regulations or their direct progeny were produced by a certificate holder, the certificate of classification.

• (5) Paragraphs (3) and (4) shall not apply in the case of–

• (a) areas intended for planting of less than 0.1 hectare; or

• (b) areas intended for the production of early potatoes.

• (6) Without prejudice to any additional or stricter measures which an inspector considers necessary under article 32 or 33, the special measures in respect of Potato Wart Disease, Potato Cyst Nematode, Potato Ring Rot and Ralstonia solanacearum (Smith) Yabuuchi et al. set out in Schedules 14, 15, 16 and Part A of 17, respectively, shall apply to control the spread of those plant pests.

• (7) Without prejudice to any additional or stricter measures which an inspector considers necessary under article 32 or 33 and the special measures in respect of Ralstonia solanacearum (Smith) Yabuuchi et al. in Part A of Schedule 17, upon the confirmation of the presence of that pest in a sample taken pursuant to Articles 2 and 5 of Directive 98/57/EC, an inspector may demarcate a zone as described in Article 5(1)(a)(iv) or 5(1)(c)(iii) of that Directive in accordance with the requirements in Part B of Schedule 17, to prevent the spread of that plant pest.

PART 8 — LICENCES

Licences to carry out activities prohibited by this Order

40

Notwithstanding any of the provisions of this Order, any plant pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in Scotland and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the Scottish Ministers in exercise of any derogation permitted by Directive 2000/29/EC.

Licences for trial or scientific purposes and for work on varietal selections

41

• (1) On receipt of an application for a licence containing the information set out in Article 1(2) of Directive 95/44/EC of 26th July 1995[^f00029] and on being satisfied that the general conditions set out in Annex I to that Directive are fulfilled, the Scottish Ministers shall by licence authorise the landing, movement and keeping of any plant pest or relevant material for activities for trial or scientific purposes or for work on varietal selections where such landing, movement or keeping would otherwise be prohibited by this Order.

• (2) A licence granted under paragraph (1) shall be subject to–

• (a) the conditions laid down in Article 2(2) of Directive 95/44/EC to the extent that they are relevant to any plant pest or relevant material that is the subject of the activities to which the licence relates;

• (b) such conditions specifying quarantine measures under paragraph 2(a) of Annex I to Directive 95/44/EC as the Scottish Ministers may determine; and

• (c) such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 95/44/EC as the Scottish Ministers may determine.

• (3) Where it is established to their satisfaction that the licensee has not fulfilled any condition under sub paragraph (b) or (c) of paragraph (2) imposed on a licence, the Scottish Ministers shall revoke the licence.

• (4) At the conclusion of any activities to which a licence granted under paragraph (1) relates the licensee must–

• (a) subject to paragraph (5), destroy or sterilise any plant pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such plant pest or relevant material; and

• (b) sterilise, or clean in such other manner as may be specified by the Scottish Ministers, the premises and facilities at which the activities were undertaken.

• (5) The Scottish Ministers may authorise the licensee to refrain from destroying any relevant material under paragraph (4)(a) if they are satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by the Scottish Ministers to be free from the plant pests listed in this Order and from other plant pests considered by them to pose a risk.

• (6) For the purpose of paragraph (2), references to the responsible official body in Article 2(2) of, and Annex I to, Directive 95/44/EC shall be taken to refer to the Scottish Ministers.

• (7) In this article–

• (a) “appropriate quarantine measures” means–

• (i) in relation to relevant material for which quarantine measures are specified in Part A of Annex III to Directive 95/44/EC, those measures; and

• (ii) in relation to other relevant material, such quarantine measures as may be specified by the Scottish Ministers; and

• (b) “Directive 95/44/EC” means Commission Directive 95/44/EC[^f00030] establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V of Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections.

PART 9 — NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

Notification of the presence or suspected presence of certain plant pests

42

• (1) The occupier or other person in charge of premises who knows or suspects that any plant pest to which this article applies is present on the premises, or any other person who, in the course of that person’s duties or business, becomes aware or suspicious of the presence of such plant pest on any premises, must immediately give notice to the Scottish Ministers or an inspector of the presence or suspected presence of such plant pest and shall as soon as reasonably practicable after giving such notice confirm it in writing.

• (2) This article applies to any plant pest which–

• (a) is of a description specified in Part A of Schedule 1;

• (b) subject to paragraph (3), is of a description specified in Part B of Schedule 1;

• (c) subject to paragraphs (3) and (4), is of a description specified in Part A of Schedule 2;

• (d) subject to paragraph (3), is of a description specified in column 3 of Part B of Schedule 2 and which is present on, or appears to an inspector to have been in contact with, relevant material specified in column 2 of that Schedule opposite the reference to that plant pest; or

• (e) although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain.

• (3) Where any plant pest referred to in paragraph (2)(b), (c) or (d) is specified in Schedule 18, it shall be notifiable under paragraph (1) only where it is a subspecies or strain not normally present in Great Britain and is found at the premises of a registered plant trader.

• (4) Where any plant pest of a description specified in Schedule 18 is specified in column 3 of Part A of Schedule 2, it shall be notifiable under paragraph (1) only where it is present on, or appears to an inspector to have been in contact with, relevant material specified in column 2 of that Schedule opposite the reference to that plant pest.

Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material

43

• (1) The responsible authority for a free zone who knows or suspects that any of the things to which this article applies is likely to enter, or is present in, such a free zone, shall immediately give notice of that fact to the Scottish Ministers or an inspector and shall as soon as is reasonably practicable after giving such notice confirm it in writing.

• (2) This article applies to–

• (a) any plant pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;

• (b) any plant pest which, although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain; and

• (c) any relevant material of a description specified in column 2 of Schedule 3 which originates in a country specified in column 3 of that Schedule opposite the reference to that relevant material,

which has been, or is likely to be, landed in Scotland, and has not been cleared out of charge under the Customs Act.

• (3) In this article “the responsible authority” and “free zone” have the same meaning as in the Customs Act[^f00031].

Information to be given

44

• (1) An inspector or any other officer of the Scottish Ministers may by notice in writing require any person referred to in paragraph (2) to give to the inspector or officer within such reasonable time as may be specified in that notice any information referred to in paragraph (3).

• (2) A person to whom paragraph (1) refers is any person who–

• (a) is the owner or occupier or other person in charge of premises in respect of which a notice has been served under this Order;

• (b) has or has had or is reasonably suspected by an inspector or other officer of the Scottish Ministers to have or have had in their possession or under their charge–

• (i) any plant pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;

• (ii) any plant pest which, although not specified in Schedule 1 or 2 is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;

• (iii) any relevant material carrying or infected with a plant pest mentioned in sub paragraph (i) or (ii); or

• (iv) any relevant material which an inspector or any other officer of the Scottish Ministers knows to have been landed or suspects has been landed in, or exported from, Scotland; or

• (c) as auctioneer, salesperson or otherwise, has sold, offered for sale or otherwise disposed of any plant pest or relevant material mentioned in sub paragraph (b).

• (3) The information referred to in paragraph (1) is any information that a person referred to in paragraph (2) may possess–

• (a) as to plants grown or products stored at any time on the premises referred to in paragraph (2)(a);

• (b) as to any plant pest or relevant material referred to in paragraph (2)(b); and

• (c) as to the persons who have had or are likely to have had any plant pest or relevant material referred to in paragraph (2)(b) in their possession or under their charge.

• (4) A person who is required to give an inspector or other officer any information under paragraph (1) shall produce for examination by that inspector or other officer any licences, official statements, certificates, plant passports, records, invoices or other documents relating to any plant pest or relevant material to which that information relates.

PART 10 — OFFENCES

Offences

45

• (1) A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with that person–

• (a) subject to paragraph (2), that person contravenes or fails to comply with–

• (i) article 6(1);

• (ii) article 9;

• (iii) article 10(1) or (4);

• (iv) article 16(2) or (3);

• (v) article 18;

• (vi) article 20(1);

• (vii) article 21;

• (viii) article 24(3) or (4);

• (ix) article 26(1);

• (x) article 27(2) or (3);

• (xi) article 28(1);

• (xii) article 36;

• (xiii) article 39(1), (2) or (3);

• (xiv) article 41(4);

• (xv) article 42(1); and

• (xvi) article 43(1);

• (b) that person contravenes or fails to comply with a provision or condition of a notice served, or deemed to be served, on that person or of a licence granted or of any direction given, under this Order; or

• (c) that person intentionally obstructs an inspector or any person authorised by an inspector in exercise of the powers given by or under this Order.

• (2) Paragraph (1)(a) shall not apply where an article of any description is landed in Scotland in contravention of a prohibition in this Order[^f00032], other than the prohibition in article 6(1).

• (3) A person shall be guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re export or a licence under this Order, that person–

• (a) knowingly or recklessly makes a statement which is false in a material particular, or

• (b) intentionally fails to disclose any material information.

• (4) A person shall be guilty of an offence if that person–

• (a) dishonestly issues a plant passport; or

• (b) dishonestly alters a plant passport, or re uses a plant passport.

• (5) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–

• (a) any director, manager or secretary or other similar officer of the body corporate; or

• (b) any person who was purporting to act in any such capacity,

that individual, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

• (6) For the purposes of paragraph (5), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

• (7) Where an offence under this Order is committed by a partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, that partner, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

• (8) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

• (9) Section 136(3) of the Criminal Procedure (Scotland) Act 1995[^f00033] (date of commencement of proceedings) shall apply for the purposes of this article as it applies for the purposes of that section.

Penalties

46

A person guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

PART 11 — THE CUSTOMS ACT AND REVOCATION

The Customs Act

47

The provisions of this Order shall apply without prejudice to the Customs Act.

Revocation

48

The Orders specified in Schedule 19 are revoked, so far as they extend to Scotland.

SCHEDULE 1 — Plant pests which shall not be landed in or spread within Scotland

PART A — Plant pests not known to occur in any part of the European Community

Insects, mites and nematodes
1.	Acleris spp. (non European)
2.	Amauromyza maculosa (Malloch)
3.	Anomala orientalis Waterhouse
4.	Anoplophora chinensis (Thomson)
5.	Anoplophora glabripennis (Motschulsky)
6.	Anoplophora malasiaca (Forster)
7.	Arrhenodes minutus Drury
8.	Bemisia tabaci Genn. (non European populations) vector of viruses such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus
9.	Cicadellidae (non European) known to be vectors of Pierce’s disease (caused by Xylella fastidiosa), such as: Carneocephala fulgida Nottingham, Draeculacephala minerva Ball or Graphocephala atropunctata (Signoret)
10.	Choristoneura spp. (non European)
11.	Conotrachelus nenuphar (Herbst)
12.	Diabrotica barberi Smith and Lawrence
13.	Diabrotica undecimpunctata howardi Barber
14.	Diabrotica undecimpunctata undecimpunctata Mannerheim
15.	Diabrotica virgifera Le Conte
16.	Heliothis zea (Boddie)
17.	Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc and Goodey
18.	Liriomyza sativae Blanchard
19.	Longidorus diadecturus Eveleigh and Allen
20.	Monochamus spp. (non European)
21.	Myndus crudus Van Duzee
22.	Nacobbus aberrans (Thorne) Thorne and Allen
23.	Naupactus leucoloma Boheman
24.	Premnotrypes spp. (non European)
25.	Pseudopityophthorus minutissimus (Zimmermann)
26.	Pseudopityophthorus pruinosus (Eichhoff)
27.	Scaphoideus luteolus Van Duzee
28.	Spodoptera eridania (Cramer)
29.	Spodoptera frugiperda (Smith)
30.	Spodoptera litura (Fabricius)
31.	Thrips palmi Karny
32.	Tephritidae (non European) such as: Anastrepha fraterculus (Wiedemann), Anastrepha ludens (Loew), Anastrepha obliqua Macquart, Anastrepha suspensa (Loew), Dacus ciliatus Loew, Dacus cucurbitae Coquillett, Dacus dorsalis Hendel, Dacus tryoni (Froggatt), Dacus tsuneonis Miyake, Dacus zonatus Saund., Epochra canadensis (Loew), Pardalaspis cyanescens Bezzi, Pardalaspis quinaria Bezzi, Pterandrus rosa (Karsch), Rhacochlaena japonica Ito, Rhagoletis cingulata (Loew), Rhagoletis completa Cresson, Rhagoletis fausta (Osten-Sacken), Rhagoletis indifferens Curran, Rhagoletis mendax Curran, Rhagoletis pomonella Walsh, Rhagoletis ribicola Doane or Rhagoletis suavis (Loew)
33.	Xiphinema americanum Cobb sensu lato (non European populations)
34.	Xiphinema californicum Lamberti and Bleve-Zacheo
Bacteria
1.	Xylella fastidiosa (Wells and Raju)
Fungi
1.	Ceratocystis fagacearum (Bretz) Hunt
2.	Chrysomyxa arctostaphyli Dietel
3.	Cronartium spp. (non European)
4.	Endocronartium spp. (non European)
5.	Guignardia laricina (Saw.) Yamamoto and Ito
6.	Gymnosporangium spp. (non European)
7.	Inonotus weirii (Murril) Kotlaba and Pouzar
8.	Melampsora farlowii (Arthur) Davis
9.	Monilinia fructicola (Winter) Honey
10.	Mycosphaerella larici-leptolepsis Ito et al.
11.	Mycosphaerella populorum G E Thompson
12.	Phoma andina Turkensteen
13.	Phyllosticta solitaria Ell. and Ev.
14.	Septoria lycopersici Speg. var malagutii Ciccarone and Boerema
15.	Thecaphora solani Barrus
16.	Tilletia indica Mitra
17.	Trechispora brinkmannii (Bresad.) Rogers
Viruses and virus-like organisms
1.	Elm phloem necrosis mycoplasm
2.	Potato viruses and virus-like organisms such as: Andean potato latent virus, Andean potato mottle virus, Arracacha virus B oca strain, Potato black ringspot virus, Potato spindle tuber viroid, Potato virus T or non European isolates of potato viruses A, M, S, V, X and Y (including Yo, Yₙ and Yc) and Potato leaf roll virus
3.	Tobacco ringspot virus
4.	Tomato ringspot virus
5.	Viruses and virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L., such as: Blueberry leaf mottle virus, Cherry rasp leaf virus (American), Peach mosaic virus (American), Peach phony rickettsia, Peach rosette mosaic virus, Peach rosette mycoplasm, Peach X-disease mycoplasm, Peach yellows mycoplasm, Plum line pattern virus (American), Raspberry leaf curl virus (American), Strawberry latent “C” virus, Strawberry vein banding virus, Strawberry witches' broom mycoplasm or non European viruses and virus like organism of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L.
6.	Viruses transmitted by Bemisia tabaci Genn., such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellows virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus
Parasitic plants
1.	Arceuthobium spp. (non European)

PART B — Plant pests known to occur in the European Community

Insects, mites and nematodes
1.	Bemisia tabaci Genn. (European populations)
2.	Globodera pallida Stone Behrens
3.	Globodera rostochiensis (Wollenweber) Behrens
4.	Heliothis armigera (Hübner)
5.	Leptinotarsa decemlineata Say
6.	Meloidogyne chitwoodi Golden et al. (all populations)
7.	Meloidogyne fallax Karssen
8.	Opogona sacchari (Bojer)
9.	Popillia japonica Newman
10.	Rhizoecus hibisci Kawai and Takagi
11.	Spodoptera littoralis (Boisduval)
Bacteria
1.	Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al.
2.	Ralstonia solanacearum (Smith) Yabuuchi et al.
Fungi
1.	Melampsora medusae Thümen
2.	Synchytrium endobioticum (Schilbersky) Percival
Viruses and virus like organisms
1.	Apple proliferation mycoplasm
2.	Apricot chlorotic leaf roll mycoplasm
3.	Pear decline mycoplasm

SCHEDULE 2 — Relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests

PART A — Plant pests not known to occur in the European Community

(1)	(2)	(3)
Item	Description of relevant material	Plant pest
1.	Plants, other than seeds, of Fuchsia L., intended for planting	Aculops fuchsiae Keifer
2.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Aleurocanthus spp.
3.	Plants, other than seeds, of Fragaria L., intended for planting	Anthonomus bisignifer (Schenkling)
4.	Plants, other than seeds, of Fragaria L., intended for planting	Anthonomus signatus (Say)
5.	Plants, other than fruit or seeds of Citrus L., Fortunella Swingle or Poncirus Raf.	Aonidella citrina Coquillett
6.	Seeds of Oryza spp.	Aphelenchoides besseyi Christie[^f00034]
7.	Plants, other than fruit or seeds, of Juniperus L., originating in any country outside Europe	Aschistonyx eppoi Inouye
8.	Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., originating in any country outside Europe	Bursaphelenchus xylophilus (Steiner and Buhrer) Nickle
9.	Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe	Carposina niponensis Walsingham
10.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle Poncirus Raf. or Murraya König	Diaphorina citri Kuway
11.	Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe	Enarmonia packardi (Zeller)
12.	Plants, other than seeds, of Crataegus L., Malus Mill., Photinia Ldl., Prunus L. or Rosa L., intended for planting; or fruit of Malus Mill. and Prunus L., in any case originating in any country outside Europe	Enarmonia prunivora Walsh
13.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Eotetranychus lewisi (McGregor)
14.	Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe	Grapholita inopinata Heinrich
15.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Hishimonus phycitis (Distant)
16.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Leucaspis japonica Ckll.
17.	Seeds of Cruciferae, Gramineae or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay	Listronotus bonariensis (Kuschel)
18.	Plants, other than fruit or seeds, of Vitis L.	Margarodes, non European species, such as: Margarodes vitis (Philippi) Margarodes vredendalensis de Klerk Margarodes prieskaensis Jakubski
19.	Plants, other than seeds, of Pyrus L., originating in any country outside Europe	Numonia pyrivorella (Matsumura)
20.	Plants, other than fruit or seeds, of Juniperus L., originating in any country outside Europe	Oligonychus perditus Pritchard and Baker
21.	Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside Europe	Pissodes spp. (non European)
22.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.; or plants of Araceae, Marantaceae, Musaceae, Persea spp., or Strelitziaceae, in any case rooted or with growing medium attached or which appear to have been in contact with growing medium	Radopholus citrophilus Huettel Dickson and Kaplan
23.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Saissetia nigra (Nietm.)
24.	Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Scirtothrips aurantii Faure
25.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Scirtothrips dorsalis Hood
26.	Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Scirtothrips citri (Moultex)
27.	Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe	Tachypterellus quadrigibbus Say
28.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Toxoptera citricida (Kirk.)
29.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle Poncirus Raf. or Clausena Burm.f.	Trioza erytreae Del Guercio
30.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Unaspis citri Comstock
(1)	(2)	(3)
---	---	---
Item	Description of relevant material	Plant pest
1.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Citrus greening bacterium
2.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Citrus variegated chlorosis
3.	Seeds of Zea mays L.	Erwinia stewartii (Smith) Dye
4.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Xanthomonas campestris (all strains pathogenic to Citrus)
5.	Seeds of Oryza spp.	Xanthomonas campestris pv. oryzae (Ishiyama) Dye and pv. oryzicola (Fang. et al.) Dye
(1)	(2)	(3)
---	---	---
Item	Description of relevant material	Plant pest
1.	Plants, other than seeds, of Cydonia Mill., Malus Mill. or Pyrus L., intended for planting, originating in any country outside Europe	Alternaria alternata (Fr.) Keissler (non European pathogenic isolates)
2.	Plants of Corylus L., other than seeds, intended for planting, originating in Canada or the USA	Anisogramma anomala (Peck) E. Müller
3.	Plants, other than seeds, of Prunus L., intended for planting	Apiosporina morbosa (Schwein.) v. Arx
4.	Plants, other than fruit or seeds, of Pinus L.	Atropellis spp.
5.	Plants, other than fruit or seeds, of Acer saccharum Marsh., originating in the USA or Canada	Ceratocystis virescens (Davidson) Moreau
6.	Plants, other than fruit or seeds, of Pinus L.	Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton
7.	Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Cercospora angolensis Carv. and Mendes
8.	Plants, other than seeds, of Camellia L., intended for planting, originating in any country outside Europe	Ciborinia camelliae Kohn
9.	Plants, other than seeds, of Vaccinium spp., intended for planting	Diaporthe vaccinii Shaer
10.	Plants, other than fruit or seeds, of Fortunella Swingle or Poncirus Raf.; or plants, other than fruit or seeds (except fruit of Citrus reticulata Blanco and of Citrus sinensis (L.) Osbeck) of Citrus L., in any case, originating in any country in South America	Elsinoe spp. Bitanc. and Jenk. Mendes
11.	Plants, other than fruit or seeds, of Phoenix spp.	Fusarium oxysporum f. sp. albedinis (Kilian and Maire) Gordon
12.	Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Guignardia citricarpa Kiely (all strains pathogenic to Citrus)
13.	Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe	Guignardia piricola (Nosa) Yamamoto
14.	Plants, other than fruit or seeds, of Solanaceae	Puccinia pittieriana Hennings
15.	Plants, other than fruit or seeds, of Pinus L.	Scirrhia acicola (Dearn.) Siggers
16.	Plants, other than seeds, of Pyrus L., intended for planting, originating in any country outside Europe	Venturia nashicola Tanaka and Yamamoto
(1)	(2)	(3)
---	---	---
Item	Description of relevant material	Plant pest
1.	Plants, other than seeds, of Beta vulgaris L., intended for planting	Beet curly top virus (non European isolates)
2.	Plants of Rubus L., intended for planting	Black raspberry latent virus
3.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Blight and blight-like
4.	Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe	Cadang-Cadang viroid
5.	Plants of Rubus L., intended for planting	Cherry leaf-roll virus[^f00035]
6.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Citrus mosaic virus
7.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Citrus tristeza virus (non European isolates)
8.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Leprosis
9.	Plants, other than seeds, of Prunus cerasus L., Prunus avium L., Prunus incisa Thunb., Prunus sargentii Rehd., Prunus serrula Franch., Prunus serrulata Lindl., Prunus speciosa (Koidz.) Ingram, Prunus subhirtella Miq. or Prunus yedoensis Matsum., or their cultivars, intended for planting	Little cherry pathogen (non European isolates)
10.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Naturally spreading psorosis
11.	Plants, other than seeds, of Palmae, intended for planting, originating in a country outside Europe	Palm lethal yellowing mycoplasm
12.	Plants of Rubus L, intended for planting	Prunus necrotic ringspot virus[^f00036]
13.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Satsuma dwarf virus
14.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Tatter leaf virus
15.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Witches' broom (MLO)

PART B — Plant pests known to occur in the European Community

(1)	(2)	(3)
Item	Description of relevant material	Plant pest
1.	Plants, other than seeds, of Fragaria L., intended for planting	Aphelenchoides besseyi Christie
2.	Plants, other than fruit or seeds, of Vitis L.	Daktulosphaira vitifoliae (Fitch)
3.	Flower bulbs and corms of Crocus L., miniature cultivars of the genus Gladiolus Tourn. ex L. including Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Trigridia Juss. or Tulipa L., intended for planting, and potato tubers (Solanum tuberosum L.), intended for planting	Ditylenchus destructor Thorne
4.	Seeds and bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L., intended for planting; bulbs and corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne, Hyacinthus L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L. or Tulipa L., intended for planting; or seeds of Medicago sativa L.	Ditylenchus dipsaci (Kühn) Filipjev
5.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Circulifer haematoceps (Mulsant and Rey)
6.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Circulifer tenellus (Baker)
7.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Eutetranychus orientalis Klein
8.	Plants of Araceae, Marantaceae, Musaceae, Persea spp., or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium	Radopholus similis (Cobb) Thorne
9.	Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: bulbs, corms, plants of the family Gramineae, rhizomes, or seeds	Liriomyza huidobrensis (Blanchard)
10.	Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: bulbs, corms, plants of the family Gramineae, rhizomes, or seeds	Liriomyza trifolii (Burgess)
(1)	(2)	(3)
---	---	---
Item	Description of relevant material	Plant pest
1.	Seeds of Medicago sativa L.	Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al.
2.	Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting	Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al.
3.	Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L., or Sorbus L., intended for planting	Erwinia amylovora (Burr.) Winsl. et al.
4.	Plants, other than seeds, of Dianthus L., intended for planting	Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey
5.	Plants, other than seeds, of Dianthus L., intended for planting	Pseudomonas caryophylli (Burkholder) Starr and Burkholder
6.	Plants, other than seeds, of Prunus persica (L.) Batsch or Prunus persica var. nectarina (Ait.) Maxim, intended for planting	Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.
7.	Seeds of Phaseolus L.	Xanthomonas campestris pv. phaseoli (Smith) Dye
8.	Plants, other than seeds, of Prunus L., intended for planting	Xanthomonas campestris pv. pruni (Smith) Dye
9.	Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., or Capsicum spp., intended for planting	Xanthomonas campestris pv. vesicatoria (Doidge) Dye
10.	Plants, other than seeds, of Fragaria L., intended for planting	Xanthomonas fragariae Kennedy and King
11.	Plants, other than fruit or seeds, of Vitis L.	Xylophilus ampelinus (Panagopoulos) Willems et al.
(1)	(2)	(3)
---	---	---
Item	Description of relevant material	Plant pest
1.	Plants, other than seeds, of Platanus L., intended for planting	Ceratocystis fimbriata f.spp. platani Walter
2.	Plants, other than seeds, of Fragaria L., intended for planting	Colletotrichum acutatum Simmonds
3.	Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting	Cryphonectria parasitica (Murrill) Barr
4.	Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting	Didymella ligulicola (Baker, Dimock and Davis) v. Arx
5.	Plants, other than seeds, of Dianthus L., intended for planting,	Phialophora cinerescens (Wollenweber) van Beyma
6.	Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Phoma tracheiphila (Petri) Kanchaveli and Gikashvili
7.	Plants, other than seeds, of Fragaria L., intended for planting	Phytophthora fragariae Hickman var. fragariae
8.	Seeds of Helianthus annuus L.	Plasmopara halstedii (Farlow) Berl. and de Toni
9.	Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting	Puccinia horiana Hennings
10.	Plants, other than seeds, of Pinus L., intended for planting	Scirrhia pini Funk and Parker
11.	Plants, other than seeds, of Humulus lupulus L., intended for planting	Verticillium albo-atrum Reinke and Berthold
12.	Plants, other than seeds, of Humulus lupulus L., intended for planting	Verticillium dahliae Klebahn
(1)	(2)	(3)
---	---	---
Item	Description of relevant material	Plant pest
1.	Plants, other than seeds of Fragaria L. or Rubus L., intended for planting	Arabis mosaic virus
2.	Plants, other than seeds, of Beta vulgaris L., intended for planting	Beet leaf curl virus
3.	Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting	Chrysanthemum stunt viroid
4.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Citrus tristeza virus (European isolates)
5.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Citrus vein enation woody gall
6.	Plants, other than fruit or seeds, of Vitis L.	Grapevine flavescence dorée MLO
7.	Plants, other than seeds, of Prunus L., intended for planting	Plum pox virus
8.	Plants, other than seeds, of Solanaceae, intended for planting	Potato stolbur mycoplasm
9.	Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting	Raspberry ringspot virus
10.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Spiroplasma citri Saglio et al.
11.	Plants, other than seeds, of Fragaria L., intended for planting	Strawberry crinkle virus
12.	Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting	Strawberry latent ringspot virus
13.	Plants, other than seeds, of Fragaria L., intended for planting	Strawberry mild yellow edge virus
14.	Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting	Tomato black ring virus
15.	Plants, other than seeds, of Apium graveolens L., Capsicum annuum L., Cucumis melo L., Dendranthema (DC.) Des Moul., all varieties of New Guinea hybrids Impatiens, Lactuca sativa L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Nicotiana tabacum L. of which there shall be evidence that they are intended for sale to professional tobacco production, Solanum melongena L., orSolanum tuberosum L., intended for planting	Tomato spotted wilt virus
16.	Plants, other than seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting	Tomato yellow leaf curl virus

SCHEDULE 3 — Relevant material which may not be landed in Scotland if that material originates in certain third countries

(1)	(2)	(3)
Item	Description of relevant material	Countries of origin
1.	Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr.	Any country outside Europe
2.	Plants with leaves, other than fruit or seeds, of Castanea Mill. or Quercus L.	Any country outside Europe
3.	Plants with leaves, other than fruit or seeds, of Populus L.	Any country in North America
4.	Plants, other than dormant plants free from leaves, flowers and fruit of Chaenomeles Lindl., Cydonia Mill., Crataegus L., Malus Mill., Prunus L., Pyrus L. or Rosa L., intended for planting	Any country outside Europe
5.	Plants, other than dormant plants free from leaves, flowers and fruit, of Photinia Lindl., intended for planting	USA, China, Japan, the Republic of Korea or the Democratic People’s Republic of Korea
6.	Tubers of Solanum tuberosum L. for planting	Any third country other than Switzerland
7.	Plants of stolon or tuber forming species of Solanum L., intended for planting, other than tubers of Solanum tuberosum L. specified in item 6	Any third country
8.	Tubers of species of Solanum L., other than those specified in items 6 and 7	Any third country other than Algeria, Egypt, Israel, Libya, Morocco, Switzerland, Syria, Tunisia or Turkey
9.	Plants of Solanaceae, intended for planting, other than seeds and relevant material specified in items 6 to 8	Any third country other than any country in the Euro-Mediterranean area
10.	Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat	Belarus, Moldova, Russia, Turkey, Ukraine, any country outside Europe, other than Egypt, Israel, Libya, Morocco or Tunisia
11.	Plants, other than fruits, of Vitis L.	Any third country other than Switzerland
12.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	Any third country
13.	Plants, other than fruit or seeds, of Phoenix spp.	Algeria, Morocco
14.	Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L., Pyrus L. or Fragaria L, intended for planting	Without prejudice to the requirements in item 4, any third country, other than a country in the Euro-Mediterranean area, Australia, New Zealand, Canada and the continental states of the USA
15.	Plants, other than seeds, of the family Gramineae, other than plants of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae and of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. or Uniola L., intended for planting	Any third country, other than a country in the Euro-Mediterranean area

SCHEDULE 4 — Restrictions on the landing in and movement within Scotland of relevant material

PART A — Relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied