The Potatoes Originating in Egypt (Amendment) (Scotland) Regulations 2000

Scottish Statutory Instruments

2000 No. 8

PLANT HEALTH

The Potatoes Originating in Egypt (Amendment) (Scotland) Regulations 2000

Made

13th January 2000

Laid before the Scottish Parliament

17th January 2000

Coming into force

7th February 2000

The Scottish Ministers in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972(1) and all other powers enabling them in that behalf hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Potatoes Originating in Egypt (Amendment) (Scotland) Regulations 2000 and shall come into force on 7th February 2000.

(2) This Order extends to Scotland only.

Interpretation

2.  In this Order “the principal Order” means the Potatoes Originating in Egypt Regulations 1998(2).

Amendment of the principal Order

3.  In regulation 2 (interpretation) of the principal Order for the definition of “the Decision” there shall be substituted–

• ““the Decision” means Commission Decision 96/301/EC authorising Member States temporarily to take additional measures against the dissemination ofPseudomonas solanacearum(Smith) Smith as regards Egypt(3) as amended by Commission Decision 98/105/EC authorising Member States temporarily to take emergency measures against the dissemination of thePseudomonas solanacearum(Smith) Smith as regards Egypt(4), Commission Decision 98/503/EC authorising Member States temporarily to take emergency measures against the disseminationof Pseudomonas solanacearum(Smith) Smith as regards Egypt(5) and Commission Decision 99/842/EC authorising Member States temporarily to take emergency measures against the dissemination ofPseudomonas solanacearum as regards Egypt(6);”.

4.  In regulation 3(2) (imports of potatoes originating in Egypt) and regulation 5A(1) (charges in respect of the sampling of imports of potatoes), for the words “Pseudomonas solanacearum(Smith) Smith” there shall be substituted “Ralstonia solanacearum(Smith) Yabuuchi et al”(7).

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

13th January 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Commission Decision 99/842/EC amending Decision 96/301/EC and authorising Member States temporarily to take emergency measures against the dissemination ofPseudomonas solanacearum(Smith) Smith as regards Egypt (O.J. No. L326, 18.12.99, p.68) by amending the definition of “the Decision” in the Potatoes Originating in Egypt Regulations 1998 (the 1998 Regulations) (regulation 3). Decision 99/842/EC makes minor modifications to the requirements applying to potatoes imported into Member States from Egypt.

The Regulations also substitute the references to “Pseudomonas solanacearum(Smith) Smith” in the 1998 Regulations with the term “Ralstonia solacearum(Smith) Yabuuchi et al.” (regulation 4).

(1)

1972 c. 68; section 2(2) was amended by the Scotland Act 1998 schedule 8, paragraph 15. 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 (c

(2)

S.I. 1998/201, as amended by S.I. 1998/

(3)

O.J. No. L115, 9.5.96,

(4)

O.J. No. L25, 31.1.98, p

(5)

O.J. No. L225, 12.8.98,

(6)

O.J. No. L326, 18.12.99,

(7)

Ralstonia solanacearum(Smith) Yabuuchi et al was formerly known as Pseudomonas solanacearum(Smith) Smith