Regulation 25A Prohibition against imports of forest reproductive material into Scotland from countries granted equivalenceF1F5
England, Wales and Scotland
No person may import forest reproductive material into Scotland from a third country for the purpose of marketing it unless—
it has been produced in F2a country granted equivalence,
it is permitted material, and
the requirements set out in Schedule 13 are met on entry.
A person intending to import permitted material into Scotland from F3a country granted equivalence shall notify the Scottish Ministers of the arrival of the material at least three days before the intended date of its arrival into Scotland.
The notification to the Scottish Ministers shall be—
in writing, and
contain the following details in relation to the material:—
its anticipated point of entry into Scotland, and
its anticipated date and time of arrival into Scotland.
After the permitted material has been imported into Scotland, the owner of that material may apply to the Scottish Ministers for a Master Certificate in relation to the material.
If the Scottish Ministers are satisfied that the requirements set out in Schedule 13 have been met in relation to the permitted material, the Scottish Ministers shall issue a Master Certificate for the material to its owner.
In the case of permitted material from an F4OECD country granted equivalence, a Master Certificate issued under paragraph (5) shall—
be based on the OECD Certificate of Provenance, and
indicate that the material has been imported under an equivalence regime.
In this regulation, “OECD Certificate of Provenance” and “permitted material” have the meanings given in paragraph 2 of Schedule 13.
Annotations
Textual amendments
- F1
Reg. 25A inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(12); S.S.I. 2019/47, reg. 2
- F2
Words in reg. 25A(1) substituted (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(16)(b) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(10)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in reg. 25A(2) substituted (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(16)(b) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(10)); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in reg. 25A(6) substituted (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(16)(c) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(10)); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in reg. 25A heading substituted (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(16)(a) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(10)); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Part VI
Textual amendments
- F1
Words in Pt. 6 heading substituted: (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(11) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(4)(f)); (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(11); and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(11) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 19(7)); 2020 c. 1, Sch. 5 para. 1(1)