The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement in Scotland Commission Implementing Decision (EU) No 2011/787 authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt (“the Decision”). The Decision repeals and replaces Commission Decision (EC) No 2004/4 (OJ L 2, 6.1.2004, p.50).

These Regulations amend the Potatoes Originating in Egypt (Scotland) Regulations 2004 (the “principal Regulations”) to implement the Decision.

These Regulations amend regulation 2 of the principal Regulations to—

• substitute a new definition of “the Decision” (regulation 2(2)(a));

• insert a definition of “pest-free area” (regulation 2(2)(b)); and

• substitute a new definition of “phytosanitary certificate” (regulation 2(2)(c)).

The Regulations substitute regulation 3 of the principal Regulations to prohibit the import of potatoes into Scotland other than from a pest-free area of Egypt and only where they are accompanied by a phytosanitary certificate (regulation 2(3)).

The Regulations amend regulation 4 of the principal Regulations, which deals with the approval of premises for the treatment of Egyptian potatoes, to include the requirement to label potatoes to indicate their Egyptian origin (regulation 2(4)).

The Regulations also make changes to regulation 5 (powers of an inspector) in consequence of the substitution of regulation 3 and the amendment of regulation 4 of the principal Regulations (regulation 2(5)).

The Regulations update references to the Decision in regulation 6 of the principal Regulations, in respect of the power to charge for sampling of potatoes (regulation 2(6)).

They also make some drafting changes to the offence provision at regulation 7 of the principal Regulations, to reflect modern drafting practice and also in consequence of the substitution of regulation 3 of the principal Regulations (regulation (2(7)).

The Regulations introduce a new regulation 7A in relation to offences committed by bodies corporate (regulation 2(8)).

They also revoke obsolete provisions of the Potatoes Originating in Egypt (Scotland) Amendment Regulations 2007, in consequence of the substitution of the definitions of “the Decision” and “phytosanitary certificate” and of regulation 3 of the principal Regulations (regulation 3).

No Business and Regulatory Impact Assessment has been prepared for these Regulations.