The Plant Health (Great Britain) Amendment (Scotland) Order 2002
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The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Order: Citation, commencement and extent 1. - (1) This Order may be cited as the Plant Health (Great Britain) Amendment (Scotland) Order 2002 and shall come into force on 1st April 2002. (2) This Order extends to Scotland only. Amendment of the Plant Health (Great Britain) Order 1993 2. The Plant Health (Great Britain) Order 1993[2] is amended in accordance with articles 3 to 8 below. 3. In article 2(1) (interpretation) for the definition of "Directive 2000/29/EC" there is substituted-
4. In Schedule 1, Part B,
section (d) (virus and virus-like organisms), in the entry in the second
column opposite item number 1 for "UK" there is substituted "UK (Northern
Ireland)".
6. In Schedule 3, Part B,
(plants, plant products and other objects the introduction of which shall
be prohibited in certain protected zones) for the entry in the second
column opposite item number 1 in the first column, there is
substituted-
7. In Schedule 4, Part B
(special requirements which shall be laid down for the introduction and
movement of plants, plant products and other objects into and within
certain protected zones)-
(b) for the entry in the second column opposite item number 21 in the first column after "(a) the plants originate in the protected zones", and for the entry in the third column opposite that item there is substituted-
(c) in the entries in the third column opposite items 22, 23, 25.1,
25.2, 26, 27.1, 27.2 and 30 for "UK" there is substituted "UK (Northern
Ireland)". 8. In Schedule 8-
(b) in section (d) (viruses and virus-like organisms)
(ii) in the entry in the first column opposite item number 4, the words "harmful to fruit of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles" are omitted. Revocation (This note is not part of the Order) This Order amends the Plant Health (Great Britain) Order 1993 ("the principal Order"), in relation to Scotland, so as to implement certain elements of Commission Directives 2002/28/EC (O.J. No. L 77 20.3.02, p.23) and 2002/29/EC (O.J. No. L 77, 20.3.02, p.26) which are not implemented in other legislation. Commission Directive 2002/29/EC amends the protected zones established under Council Directive 2000/29/EC (OJ No. L169, 10.7.00, p.1) ("the principal Plant Health Directive") and scheduled in the Annex to Commission Directive 2001/32/EC (O.J. No. L 127, 9.5.01, p.38). Directive 2002/28/EC provides for consequential amendments to certain Annexes of the principal Plant Health Directive. The amendments in this Order implementing Directive 2002/28/EC are at articles 4 to 7 inclusive. Directive 2002/29/EC is implemented by article 8, which amends Schedule 8 to the principal Order. The principal changes to the protected zones are removal of Great Britain from the protected zone in respect of Beet necrotic yellow vein virus (known as rhizomania) (articles 4, (7)(a) and (c) and (8)), and re-definition of the Italian and Austrian protected zones in respect of the bacterium Erwinia amylovora (Burr.) Winsl. et al (known as fireblight) (articles 5, 6, 7(b) and 8). A small amendment is made to the description of Citrus tristeza virus in Schedule 8 (article 8(b)(ii)). An additional amendment is made to the definition of Council Directive 2000/29/EC so as to incorporate amendments made to it by Commission Directive 2002/28/EC (article 3). Finally, the Order revokes a number of provisions in the Plant Health (Great Britain) Amendment (Scotland) Order 2001, which amended the principal Order and which amendments have been superceded (article 9). Notes: [1] 1972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back [2] S.I. 1993/1320, amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349 and 1121, S.S.I 1999/22 and 2001/249 (which is partially revoked by this Order).back [3] O.J. No. L 169, 10.7.00, p.1.back [4] O.J. No. L 127, 9.5.01, p.42; and see the associated Commission Directive 2001/32/EC, O.J. No. L 127, 9.5.01, p.38.back [5] O.J. No. L 77, 20.3.02, p.23; and see the associated Commission Directive 2002/29/EC, O.J. No. L 77, 20.3.02, p.26.back
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