The Potatoes Originating in Egypt (Scotland) Regulations 2004

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 (Scotland) Regulations 2001 (“the 2001 Regulations”) and implement Commission Decision 2004/4/EC (“the Decision”) authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith (now referred to as Ralstonia solanacearum (Smith) Yabuuchi et al.) as regards Egypt. The Decision permits potatoes originating in Egypt, other than seed potatoes, to be imported only if the measures laid down in the Decision are complied with. It consolidates and repeals Commission Decision 96/301/EC (as amended).

The Regulations–

• 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 Decision (regulation 3);

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

• 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, where a sample of potatoes is taken for the purpose of ascertaining whether the potatoes are infected with Ralstonia solanacearum (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 approved premises) of the Regulations is liable on summary conviction to a fine not exceeding £5,000 (regulation 7).

The Regulations also revoke the 2001 Regulations, together with the specified amending instrument, in consequence of their consolidation in these Regulations (regulation 8).

No Regulatory Impact Assessment has been carried out in respect of these Regulations.