The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2005

Scottish Statutory Instruments

2005 No. 39

PLANT HEALTH

The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2005

Made

25th January 2005

Laid before the Scottish Parliament

26th January 2005

Coming into force

28th February 2005

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 Regulations:

Citation and commencement

1.  These Regulations may be cited as the Potatoes Originating in Egypt (Scotland) Amendment Regulations 2005 and shall come into force on 28th February 2005.

Amendment of the Potatoes Originating in Egypt (Scotland) Regulations 2004

2.—(1) The Potatoes Originating in Egypt (Scotland) Regulations 2004(2) are amended in accordance with paragraph (2).

(2) In regulation 2 (interpretation), in paragraph (1), at the end of the definition of “the Decision” insert “, as amended by Commission Decision 2004/836/EC, amending and correcting Decision 2004/4/EC”(3).

ROSS FINNIE

A member of the Scottish Executive

Pentland House, Edinburgh

25th January 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in Scotland Commission Decision 2004/836/EC (O.J. No. L 360, 7.12.04, p.30) amending Commission Decision 2004/4/EC (“the principal Decision”) (O.J. No. L 2, 6.1.04, p.50) authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith (now referred to as Ralstonia solanacearum (Smith) Yabuuchi et al) as regards Egypt.

The Regulations amend regulation 2(1) of the Potatoes Originating in Egypt (Scotland) Regulations 2004 (S.S.I. 2004/111). The Regulations insert, into the definition of the principal Decision, Commission Decision 2004/836/EC which amends and corrects the principal Decision (regulation 2). Decision 2004/836/EC renews the framework within which potatoes may be imported from Egypt into the territory of the European Community during the 2004/2005 season.

No Regulatory Impact Assessment has been carried out in respect of the extension of these controls to the 2004/2005 season.

(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.

(2)

S.S.I. 2004/111.

(3)

O.J. No. L 360, 7.12.04, p.30.