The Potatoes Originating in Egypt (Scotland) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, consolidate with amendments the Potatoes Originating in Egypt Regulations 1998 (“the 1998 Regulations”). The Regulations implement Commission Decision 96/301/EC (as amended) authorising member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith (now referred to as Ralstonia solanacearum (Smith) Yabuuchi et al.) as regards Egypt.

The Regulations–

• add Commission Decision 2001/664/EC to the list of instruments amending Commission Decision 96/301/EC (regulation 2(1) and the Schedule);

• prohibit the import into Scotland of potatoes which the person importing knows or has reasonable cause to suspect originated in Egypt, unless those potatoes are accompanied by a phytosanitary certificate issued in accordance with the requirements of paragraph 1 of the Annex to the Commission Decision 96/301/EEC (regulation 3);

• require potatoes originating in Egypt to be processed only in plants approved by the Scottish Ministers for that purpose (regulation 4);

• amend the 1998 Regulations to provide that an inspector, who has reasonable grounds for suspecting that regulation 3(1) or 4(1) of the Regulations has been or is likely to be contravened, may exercise certain enforcement powers conferred by article 22 of the Plant Health (Great Britain) Order 1993 (“the Order”) (regulation 5);

• provide that any notice served or power exercised under regulation 5 of the Regulations, where the power to do so is conferred by the Order, has the same effect as if served or exercised under the relevant article of the Order (regulation 5(4) and (6)). Accordingly, once a notice is served or other power is exercised under regulation 5 of the Regulations, the relevant consequential provisions of the Order, including provisions as to offences, take effect;

• permit an inspector to check that the provisions of the Regulations have been complied with by exercising certain powers conferred by article 25 of the Order (regulation 5(5));

• set a fee of £37.50, increased in line with inflation from the previous fee of £35.00, where a sample of potatoes is taken for the purpose of ascertaining whether the potatoes are infected with Ralstonia solancearum (Smith) Yabuuchi et al. (regulation 6); and

• provide that a person who contravenes or fails to comply with regulation 3(1) (imports of potatoes originating in Egypt) or 4(1) (processing other than in an approved plant) of the Regulations is liable on summary conviction to a fine not exceeding £5,000 (regulation 7).

The Regulations also revoke the Potatoes Originating in Egypt Regulations 1998, together with specified amending instruments, in consequence of their consolidation in these Regulations (regulation 8).