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The Potatoes Originating in Egypt (Wales) Regulations 2004

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Citation, application and commencement

1.—(1) These Regulations may be cited as the Potatoes Originating in Egypt (Wales) Regulations 2004; they apply in relation to Wales and come into force on 1 September 2004.

Interpretation

2.  In these Regulations —

“the Decision” (“y Penderfyniad”) means Commission Decision 2004/4/EC authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt(1);

“inspector” (“archwilydd”) means any person authorised to be an inspector for the purposes of the Order;

“the Order” (“y Gorchymyn”) means the Plant Health (Great Britain) Order 1993(2);

“phytosanitary certificate” (“tystysgrif ffytoiechydol”) has the same meaning as in article 2(1) of the Order; and

“potato” (“taten”) means any tuber of Solanum tuberosum L.

Imports of Potatoes originating in Egypt

3.—(1) For the purposes of article 3(1)(e) of the Order a phytosanitary certificate in respect of potatoes originating in Egypt will be a valid phytosanitary certificate only if it complies with paragraph 1(b)(xi) of the annex to the Decision.

(2) The requirement imposed by point 25.8 of Section 1 of Part A of Schedule 4 to the Order (an official statement that potatoes originate in areas where Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur) will not apply to imports of potatoes originating in Egypt.

Approval of premises for treatment of potatoes originating in Egypt

4.—(1) Subject to paragraph (4), no person may carry out in the course of business any treatment, including washing, of potatoes originating in Egypt other than in premises that the National Assembly for Wales has approved in writing for that purpose.

(2) Applications for the approval required by paragraph (1) must be made in writing to the National Assembly for Wales.

(3) The National Assembly for Wales may suspend or revoke in writing any approval granted pursuant to paragraph (1).

(4) Paragraph (1) does not apply to the packing or preparation of potatoes in a shop, restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) for delivery to the final consumer.

Powers of an inspector

5.—(1) The provisions of this regulation are without prejudice to the powers conferred on an inspector by the Order.

(2) On having reasonable grounds for suspecting a contravention or likely contravention of regulation 4(1), an inspector may exercise the power conferred by article 22(2) of the Order as read with article 24(1) to (3) of the Order, as if a potato originating in Egypt was a plant kept or moved in contravention of the Order.

(3) Any notice served by virtue of paragraph (2) will have effect as if served under article 22(2) of the Order and articles 24(4) to (6), 26 to 28, 32 and 33(1)(b) and (c) and (6) of the Order will apply accordingly.

(4) An inspector may, for the purpose of checking compliance with regulation 4(1), exercise the powers conferred by article 25 of the Order, as if checking compliance with the Order.

(5) The exercise of a power by virtue of paragraph (4) will be treated as the exercise of the power for the purposes of the Order and articles 28 and 33(1)(c) and (6) of the Order will apply accordingly.

Charges in respect of the sampling of imports of potatoes

6.  Where the power to take samples conferred by article 25(1)(a) of the Order is exercised by an inspector in respect of potatoes originating in Egypt in order to ascertain whether, for the purposes of paragraph 3 of the Annex to the Decision, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must, if required, pay to the National Assembly for Wales a fee of £37.50 in respect of each lot sampled.

Offences

7.—(1) A person will be guilty of an offence if, without reasonable excuse, proof of which will lie on that person, he or she contravenes or fails to comply with regulation 4(1).

(2) A person guilty of an offence under paragraph (1) will be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocations

8.—(1) The following Regulations are revoked in respect of Wales —

(a)the Potatoes Originating in Egypt Regulations 1998(3); and

(b)the Potatoes Originating in Egypt (Amendment) Regulations 1998(4).

(2) The following Regulations are revoked —

(a)the Potatoes Originating in Egypt (Amendment) (Wales) Regulations 2000(5);

(b)the Potatoes Originating in Egypt (Amendment) (Wales) Regulations 2001(6); and

(c)the Potatoes Originating in Egypt (Amendment) (Wales) Regulations 2002(7).

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(8).

John Marek

The Deputy Presiding Officer of the National Assembly

31 August 2004

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