Explanatory Note

(This note is not part of the Regulations)

These regulations amend schedules 6, 6A and 7 of the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 (‘the 2017 Regulations’), which specify Regulated Non-Quarantine Pests (‘RNQPs’) and associated requirements regarding their plant hosts. RNQPs are pests that are present in Scotland and regulated in relation to their plant hosts.

Regulation 3 amends Schedule 6 of the 2017 Regulations to remove Fig mosaic agent, because it no longer fulfils the conditions to be listed as a RNQP, and Candidatus Phytoplasma australiense Davis et al, because it is now a quarantine pest. Pucciniastrum minimum (Schweinitz) Arthur is added to the list of RNQPs in relation to Vaccinium L.

Regulation 4 amends Schedule 6A of the 2017 Regulations to add Tomato ringspot virus as a RNQP in relation to Malus Mill., Rubus L, Vaccinium L. and species of Prunus L. Regulation 4(h) also adds Tobacco ringspot virus as a RNQP in relation to Vaccinium L.

Regulation 5(1)(a) removes production site requirements in relation to pre-basic Cydonia oblonga Mill. produced in non-insect proof conditions.

Regulation 5(1)(b) removes requirements in relation to Candidatus Phytoplasma australiense Davis et al., in consequence of its removal from Schedule 6 of the 2017 Regulations.

Regulation 5(1)(c), (d), (f) and (g) amend Schedule 7 of the 2017 Regulations to amend the requirements in relation to hosts of Tomato ringspot virus and Tobacco ringspot virus, in consequence of the amendments to Schedule 6A of the 2017 Regulations.

Regulation 5(1)(e) amends the requirements for Candidatus Phytoplasma pyri Seemüller & Schneider in relation to Pyrus L.

Regulation 5(1)(d)(iv)(aa) omits the requirements in paragraph (d) of the entry headed “Candidatus Phytoplasma prunorum Seemüller & Schneider”, in relation to the CAC category of the genus Prunus, because they were included in error in the European Union legislation from which they were transposed.