The Potatoes Originating in Egypt (England) Regulations 2004

Explanatory Note

(This note is not part of the Order)

These Regulations, which apply only in relation to England, consolidate with amendments the Potatoes Originating in Egypt Regulations 1998 (“the 1998 Regulations”). The Regulations implement Commission Decision 2004/4/EC (OJ No. L2, 6.1.2004, p.50) authorising Member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith (now known as Ralstonia solanacearum (Smith) Yabuuchi et al.) as regards Egypt (“the Decision”). The Decision permits potatoes originating in Egypt, other than seed potatoes, to be imported into England only if the measures laid down in the Decision are complied with. It consolidates and repeals Commission Decision 96/301/EC (as amended).

Regulation 3(1) makes provision in respect of the phytosanitary certificate required by the Plant Health (Great Britain) Order 1993 (“the 1993 Order”) to accompany imports of potato tubers into England, and without which such imports are prohibited. In the case of potatoes originating in Egypt, the certificate must comply with the additional requirements imposed by the Decision. Any person who imports such potatoes without a valid phytosanitary certificate in contravention of the prohibition imposed by the 1993 Order with intent to evade such prohibition is guilty of an offence under section 50(3) of the Customs and Excise Management Act 1979 (c. 2) and may be arrested.

Any person found guilty of such an offence under section 50(3) is liable, on summary conviction, to a penalty of £5,000 or of three times the value of the goods, whichever is the greater, or to imprisonment for a term not exceeding 6 months, or to both; or, on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding 7 years, or to both.

This offence replaces the similar offence contained in the 1998 Regulations. A person found guilty of the offence under the 1998 Regulations would be liable on summary conviction to a fine of £5,000.

Regulation 3(2) removes, in respect of imports of potatoes originating in Egypt, the requirement under the 1993 Order for imports of potatoes to be accompanied by an official statement that the potatoes originate in areas where Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur.

Regulation 4 imposes a requirement for premises (other than certain premises used for the packing or preparation of potatoes for delivery to the final consumer) used for treating potatoes originating in Egypt to be approved for that purpose by the Secretary of State. Failure to comply with this requirement is an offence carrying liability on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000) (regulation 7).

Regulation 5 makes provision for the enforcement of the Regulations by inspectors and regulation 6 provides the Secretary of State with a power to charge a fee of £37.50 for the taking of samples from potatoes originating in Egypt to ascertain whether they are infected with Ralstonia solanacearum (Smith) Yabuuchi et al. in accordance with the Decision. This is unchanged from the fee payable in respect of such sampling under the 1998 Regulations.

No Regulatory Impact Assessment has been prepared for these Regulations.