The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

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—

(a)

in the manner specified in article 7(2) to (5); and

(b)

in respect of the relevant prescribed requirements;””

““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—

(a)

the formalities described in Article 13a of Directive 2000/29/EC(1); or

(b)

to other similar official controls under Regulation (EU) 2017/625 of the European Parliament and of the Council, as it has effect in EU law(2);”,

““notifiable relevant material” means any relevant material—

(a)

of a description specified in schedule 5;

(b)

of a description specified in the list of pest free area controlled material originating in a third country;

“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—

(a)

the requirements specified in respect of the material in article 5; or

(b)

in the case of any material which is destined for a UK pest free area which includes Northern Ireland, but not Scotland, the requirements specified in respect of that material in article 4 of the Plant Health (Wood and Bark) Order (Northern Ireland) 2006(3) or article 5 of the Plant Health Order (Northern Ireland) 2018(4);”,

““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”.

(1)

OJ L 169, 10.7.2000, p.1, as last amended by Commission Implementing Directive (EU) 2017/1920 (OJ L 271, 20.10.2017, p.34).

(2)

OJ L 95, 7.4.2017, p.1.

(3)

S.R. 2006 No. 66, as amended by S.R 2009 No. 340, S.R. 2010 No. 48, S.R. 2012 No. 400 and S.R. 2015 No. 129.

(4)

S.R. 2018 No. 184.