S.I. No. 277/1986:

EUROPEAN COMMUNITIES INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) (AMENDMENT) REGULATIONS, 1986.

EUROPEAN COMMUNITIES INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) (AMENDMENT) REGULATIONS, 1986.

I, AUSTIN DEASY, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby, for the purpose of giving effect to Council Directive No. 77/93/EEC ¹, Commission Decision No. 80/862/EEC ², Council Directive No. 81/7/EEC ³ Council Directive No. 84/378/EEC ⁴ and Council Directive No. 85/173/EEC ⁵, make the following Regulations:

¹O.J. No. L26, 31.1.1977.

²O.J. No. L248, 19.9.1980.

³O.J. No. L14, 16.1.1981.

⁴O.J. No. L207, 2.8.1984.

⁵O.J. No. L65, 6.3.1985.

1. (1) These Regulations may be cited as the European Communities (Introduction of Organisms harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations, 1986.

(2) The collective citation, the European Communities (Introduction of Organisms harmful to Plants or Plant Products) (Prohibition) Regulations, 1980 to 1986, shall include these Regulations.

2. In these Regulations "the Principal Regulations" means the European Communities (Introduction of Organisms harmful to Plants or Plant Products) (Prohibition) Regulations, 1980 ( S.I. No. 125 of 1980 ).

3. Regulation 2 of the Principal Regulations is hereby amended--

( a ) by the deletion in paragraph (1) of "'Annex VI' means Annex VI to the Directive;", and

( b ) by the insertion in the definition of "the Directive" after "18 March 1980" where that secondly occurs of "Council Directive No. 81/7/EEC of 1 January 1981, Council Directive No. 84/378/EEC of 28 June 1984 and Council Directive No. 85/173/EEC of 28 February 1985".

4. Regulation 2A of the Principal Regulations (inserted by the European Communities (introduction of Organisms harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations, 1980 ( S.I. No. 258 of 1980 )) is hereby revoked.

5. Paragraphs (a) and (c) of Regulation 6 (3) of the Principal Regulations are hereby revoked.

6. The Principal Regulations are hereby amended by the insertion of the following Regulation after Regulation 12:

"12A. (1) If the Minister is satisfied that in a particular case there is no risk of harmful organisms spreading, on receipt of an application in writing, he may--

(a) direct that Regulation 6 (1) of these Regulations shall not apply, as respects part A (9) of Annex III, in the case of a specified consignment of plants of tuber-forming species of Solanum L. intended for planting, other than potato tubers (Solanum tuberosum L.)

(b) direct that Regulation 8 (1) or 11 (2) of these Regulations shall not apply, as respects the special requirements at reference number 24 (a) of Part A of Annex IV in the case of a specified consignment of potato tubers (Solanum tuberosum L.) intended for planting.

(2) Before giving a direction under paragraph (1) of this Regulation the Minister shall ensure that the relevant conditions specified in paragraph 2 of Article 1 of Commission Decision No. 80/862/EEC of 21 August 1980 are satisfied.

(3) A direction under this Regulation may only be given in respect of material intended for work of varietal selection or for gene conservation or official scientific research purposes."

GIVEN under my Official Seal, this 5th day of August, 1986.

AUSTIN DEASY,

Minister for Agriculture.

EXPLANATORY NOTE.

The Regulations amend the original Regulations

(a) by prescribing revised import and export controls on plants and plant products in compliance with Directives amending Council directive 77/93/EEC on Community measures to prevent the introduction or spread of plant disease and pests, and

(b) by providing for the importation under specified conditions of potato planting material required for certain purposes.