The Potatoes Originating in Egypt Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations consolidate with amendments the Potatoes Originating in Egypt Regulations (Northern Ireland) 1998 (“the 1998 Regulations”). The Regulations implement Commission Decision 2004/4/EC 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 Decision consolidates and repeals Commission Decision 96/301/EC (as amended).

The Regulations –

• add Commission Decision 2004/4/EC to the list of instruments amending Commission Decision 96/301/EC (Regulation 2(1));

• prohibit the import into Northern Ireland of potatoes which the importer knows or has reasonable cause to suspect originate in Egypt, unless those potatoes are accompanied by a phytosanitary certificate issued in accordance with the requirements of paragraph 1 of the Annex to Commission Decision 2004/4/EC (Regulation 3(1));

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

• provide that an inspector, who has reasonable grounds for suspecting that regulation 3(1) or 4 has been or is likely to be contravened, may exercise certain enforcement power conferred by Article 22 of the Plant Health (Northern Ireland) Order 1993 (“the Order”) (Regulation 5);

• provide that any notice served or power exercised under regulation 5, 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(5) and (6)). Accordingly, once a notice is served or other power is exercised under Regulation 5, 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(4));

• 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.; and

• provide that a person who contravenes or fails to comply with Regulation 3(1) or 4(1) is liable on summary conviction to a fine. (Regulation 7).

The Regulations also revoke the Potatoes Originating in Egypt Regulations (Northern Ireland) 1998 as amended. (Regulation 8).