The Potatoes Originating in the Netherlands Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Great Britain, impose certain requirements in respect of potatoes grown in 1996 in the Netherlands in accordance with Commission Decision 95/506/EC (OJ No. L291, 6.12.95, p. 48), authorizing Member States to take additional measures against the dissemination of Pseudomonas solanacearum(Smith) Smith as regards the Kingdom of the Netherlands, as amended by Commission Decision 96/599/EC (OJ No. L265, 18.10.96, p. 18). The Seed Potatoes Originating in the Netherlands (Notification) (Scotland) Order 1995 and the Potatoes Originating in the Netherlands Order 1995 are revoked (regulation 2).

The Regulations require any person intending to import potatoes originating in the Netherlands to give at least two days' prior notification in writing of that intention and to provide specified information. They require any person who imported potatoes originating in the Netherlands before the commencement of these Regulations to give written notification by 18th October 1996 of corresponding information relating to those imports (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 conferred by articles 22 to 25 of the Plant Health (Great Britain) Order 1993 in respect of such potatoes (regulation 5). They prescribe that a fee of £116 shall be payable where a sample of seed potatoes is taken in exercise of those powers for the purpose of ascertaining whether the potatoes are infected with Pseudomonas solanacearum(Smith) Smith (except where the power to take a sample has previously been exercised for that purpose in respect of other potatoes of the same variety grown on the same holding by the same producer) (regulation 6).

A person who contravenes or fails to comply with a provision of the Regulations is liable on summary conviction to a fine not exceeding £5,000 (regulation 7).

A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament, and copies can be obtained from the Plant Health Division of the Ministry of Agriculture, Fisheries and Food, Foss House, Kings Pool, 1—2 Peasholme Green, York YO1 2PX.