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Potatoes Originating in the Netherlands (Notification) Regulations (Northern Ireland) 1997

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Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 8th December 1997, impose certain requirements in respect of potatoes grown in 1997 in the Netherlands in accordance with Commission Decision 95/506/EC authorising Member States to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards the Kingdom of the Netherlands (O.J. No. L.291, 6.12.95, p. 48), as last amended by Commission Decision 97/649/EC (O.J. No. L.274, 7.10.97, p. 14).

These Regulations revoke and replace the Potatoes Originating in the Netherlands (Notification) Regulations (Northern Ireland) 1996.

These Regulations require a person intending to land in Northern Ireland potatoes grown in 1997 in the Netherlands (‘potatoes originating in the Netherlands') to give to an inspector, at least two days prior notification of that intention and to provide specified information about those potatoes. They require any person who landed potatoes originating in the Netherlands before the commencement of these Regulations to give written notification by 23rd December 1997 of corresponding information relating to those potatoes (regulation 4).

The Regulations provide that an inspector who has reasonable grounds for suspecting that a person has or will have in his possession potatoes originating in the Netherlands may exercise the powers contained in Articles 22 to 25 of the Plant Health Order (Northern Ireland) 1993 in relation to such potatoes (regulation 5).

The Regulations prescribe that a fee of £116 shall be payable where a sample of seed potatoes is taken for the purpose of ascertaining whether the potatoes are infected with Pseudomonas solanacearum (Smith) Smith (regulation 6). The fee is the same as that prescribed by the Potatoes Originating in the Netherlands (Notification) Regulations (Northern Ireland) 1996.

The Regulations provide that contravention of the requirements for notification under regulation 4 shall be an offence punishable on summary conviction by a fine not exceeding £5,000 (regulation 7).

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