S.I. No. 252/1989:

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) (TEMPORARY PROVISIONS) REGULATIONS, 1989.

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) (TEMPORARY PROVISIONS) REGULATIONS, 1989.

WHEREAS paragraph 4 of Article 3 of Council Directive 77/93/EEC of 21 December 1976¹ provides that Member States may ban the introduction into their territory of harmful organisms listed in part A of Annex II thereto, whether in an isolated state or occurring on objects other than the relevant ones listed in the said Part A;

⁽¹⁾ OJ No. L 26, 31.1.1977.

AND WHEREAS Bursaphelenchus xylophilus (Steier and Buhrer) Nickle is listed in the said Part A as a harmful organism;

AND WHEREAS the first sentence of paragraph 1 of Article 5 of the said Council Directive provides that Member States shall ban the introduction into their territory of plants, plant products and other objects listed in Part A of Annex IV to the said Council Directive unless the relevant special requirements indicated in that Part of the Annex are met;

AND WHEREAS the special requirements in the said Part A relating to wood of conifers (Coniferae) originating in non-European countries provide that the wood shall be stripped of its bark or there be evidence that it has undergone kiln-drying as specified therein;

AND WHEREAS the stripping of bark as an alternative to kiln-drying as so specified is not sufficient to prevent the introduction and spread in the State of the said harmful organism;

AND WHEREAS the said harmful organism occurs in wood of conifers (Coniferae), including wood which does not retain any of its natural round surface, originating or otherwise having been in Canada, China (including the island of Taiwan), Korea, Japan or the United States of America;

AND WHEREAS paragraph 1 of Article 15 of the said Council Directive provides that where a Member State considers that there is an imminent danger of the introduction or spread in its territory of harmful organisms, it may temporarily take any additional measures necessary to protect itself from that danger;

NOW, THEREFORE, I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, considering that there is an imminent danger of the introduction and spread in the State of the harmful organism, Bursaphelenchus xylophilus (Steier and Buhrer) Nickle, in coniferous wood which originates as aforesaid and that it is necessary, temporarily, to take additional measures to protect the State from the danger by prohibiting the importation into the State of such wood unless it has undergone a process to remove that danger, hereby, by virtue of paragraph 4 of Article 3 and paragraph 1 of Article 15 of Council Directive No. 77/93/EEC of 21 December, 1976, exercise the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Temporary Provisions) Regulations, 1989.

(2) The collective citation, the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations, 1980 to 1989, shall include these Regulations.

(3) These Regulations shall come into force on the 1st day of December, 1989, and shall remain in force until the 30th day of November, 1990.

2. (1) 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 ).

(2) A word or expression that is used in these Regulations and is also used in Council Directive No. 77/93/EEC of 21 December, 1976, has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Directive.

3. (1) During the period when these Regulations are in force, paragraph (2) (b) (i) of Regulation 2 (inserted by the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations, 1989 ( S.I. No. 92 of 1989 )), and Regulation 8 (1), of the Principal Regulations shall not apply to wood of conifers (Coniferae) to which these Regulations apply.

(2) The provisions of Regulations 11 (1), 15 and 16, and paragraph (4) of Regulation 17 (inserted by the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations, 1987 ( S.I. No. 265 of 1987 )), of the Principal Regulations shall apply to these Regulations as if--

( a ) in the said Regulations 11 (1), 15 and 16, the references to "these Regulations" (being the Principal Regulations) included a reference to Regulation 4 of these Regulations, and

( b ) in the said paragraph (4) of Regulation 17, the reference to Regulation 11 (1) or 15 of the Principal Regulations included a reference to Regulation 4 of these Regulations.

4. (1) The importation of wood of conifers (Coniferae), including wood which does not retain any of its natural round surface, which has originated or otherwise been in Canada, China (including the island of Taiwan), Korea, Japan or the United States of America is hereby prohibited unless there is evidence by a mark "kiln-dried", "K.D." or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule.

(2) Any person who contravenes paragraph (1) of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £600.

5. An offence under these Regulations may be prosecuted by the Minister for Agriculture and Food.

GIVEN under my Official Seal this 4th day of October, 1989.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

The Regulations prohibit the importation of non-kiln-dried coniferous wood, which originates or has otherwise been in Canada, China (including the island of Taiwan), Korea, Japan or the United States of America, during the period 1 December 1989 to 30 November 1990.