S.I. No. 214/1992:

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) (AMENDMENT) REGULATIONS, 1992.

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) (AMENDMENT) REGULATIONS, 1992.

I, JOE WALSH, Minister for Agriculture and Food, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Commission Directive No. 90/80/EEC of 19 February 1990^(1), Commission Directive No. 90/113/EEC of 19 February 1990^(2), Tenth Commission Directive No. 91/27/EEC of 19 December 1990⁽³⁾, Commission Directive No. 91/102/EEC of 18 February 1991⁽⁴⁾, Commission Directive No. 91/103/EEC of 18 February 1991⁽⁴⁾, Commission Directive No. 91/660/EEC of 6 December 1991⁽⁵⁾, Commission Directive No. 91/661/EEC of 6 December 1991⁽⁵⁾, Commission Decision No. 92/120/EEC of 4 February 1992⁽⁶⁾ and Commission Directive No. 92/10/EEC of 19 February 1992⁽⁷⁾, hereby 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) (Amendment) Regulations, 1992.

(2) The European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulation 1980 to 1990, and these Regulations may be cited together as the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations, 1992.

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

⁽¹⁾ O.J. No. L.51, 27.2.90.

⁽²⁾ O.J. No. L.67, 15.3.90.

⁽³⁾ O.J. No. L.16, 22.1.91.

⁽⁴⁾ O.J. No. L.52, 27.2.91.

⁽⁵⁾ O.J. No. L.363, 31.12.91.

⁽⁶⁾ O.J. No. L.44, 20.2.92.

⁽⁷⁾ O.J. No. L.70, 17.3.92.

3. Regulation 2 of the Principal Regulations is hereby amended by the substitution in paragraph (1) in the definition (inserted by Regulation 2 of the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) (No. 2) Regulations, 1990 ( S.I. No. 346 of 1990 )) of "the Directive" for "and Ninth Commission Directive No. 90/506/EEC of 26 September 1990⁽¹⁷⁾", of "Ninth Commission Directive No. 90/506/EEC of 26 September 1990⁽¹⁷⁾, Commission Directive No. 90/80/EEC of 19 February 1990⁽¹⁸⁾, Commission Directive No. 90/113/EEC of 19 February 1990⁽¹⁹⁾, Tenth Commission Directive No. 9½7/EEC of 19 December 1990⁽²⁰⁾, Commission Directive No. 91/102/EEC of 18 February 1991⁽²¹⁾, Commission Directive No. 91/103/EEC of 18 February 1991⁽²¹⁾, Commission Directive No. 91/660/EEC of 6 December 1991⁽²²⁾, Commission Directive No. 91/661/EEC of 6 December 1991⁽²²⁾, and Commission Directive No. 92/10/EEC of 19 February 1992⁽²³⁾".

4. Regulation 11 of the Principal Regulations is hereby amended by the substitution for Paragraph (2A) (inserted by Regulation 4 of the European Communities (Introduction of Organisms Harmful to Plants or Plant products) (Prohibition) (Amendment) Regulations, 1990 ( S.I. No. 119 of 1990 )) of the following paragraph:

"(2A) ( a ) A person shall not introduce into the State potato tubers originating in Denmark unless they comply with the conditions of paragraph 2 of Article 1 of Commission Decision No. 90/52/EEC of 17th January 1990, as amended by paragraphs 2 and 3 of Article 1 of Commission Decision No. 92/120/EEC.

( b ) The requirements of this paragraph are in addition to and not in substitution for the requirements of paragraphs (1) and (2) of this Regulation.

( c ) This paragraph shall cease to have effect on the 30th day of June, 1993".

⁽¹⁷⁾O.J. No. L.282, 13.10.90.

⁽¹⁸⁾O.J. No. L.51, 27.2.90.

⁽¹⁹⁾O.J. No. L.67, 15.3.90.

⁽²⁰⁾O.J. No. L.16, 22.1.91.

⁽²¹⁾O.J. No. L.52, 27.2.91.

⁽²²⁾O.J. No. L.363, 31.12.91.

⁽²³⁾O.J. No. L.70, 17.3.92.

GIVEN under my Official Seal, this 29th day of July, 1992.

JOE WALSH,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations amend the Annexes to Council Directive 77/93/EEC of 21 December, 1976 so as to include provisions and improvements on existing protective measures against the introduction into Member States of organisms harmful to plants or plant products.

The Regulations also implement Commission Decision No. 92/120/EEC which adjusts existing conditions relating to the importation of potatoes tubers from Denmark.