S.I. No. 398/1998:

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) (AMENDMENT) (NO. 4) REGULATIONS, 1998.

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) (AMENDMENT) (NO. 4) REGULATIONS, 1998.

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 98/22/EC of 15 April 1998(¹) and Commission Decision 98/503/EC of 11 August 1998(²) hereby make the following Regulations:

(¹) O.J. L. 126 of 28.4.1998

(²) O.J. L. 225 of 12.8.1998

1. (1) These Regulations may be cited as the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) (No. 4) Regulations, 1998.

(2) The collective citation "European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations 1980 to 1998" 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 by the substitution in paragraph (1), in the definition of "the Directive", for "and Commission Directive 98/17/EC of 11 March 1998 " (inserted by the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) (No. 2) Regulations, 1998 ( S.I. No. 120 of 1998 ) of ", Commission Directive 98/17/EC of 11 March 1998 and Commission Directive 98/22/EC of 15 April 1998 ".

4. Regulation 11 of the Principal Regulations is hereby amended by the substitution for paragraph (2A) (inserted by Regulation 3 of the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) (No. 3) Regulations, 1998 ( S.I. No. 167 of 1998 )) of the following paragraph:

"(2A) (a) A person shall not introduce into the State or move within the State, tubers of Solanum tuberosum L., other than those intended for planting, originating in Egypt unless they comply with the conditions of Article 1 of Commission Decision No. 98/503/EC of 11 August 1998.

(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."

Given under my Official Seal this 12th day of October 1998.

Joe Walsh,

Minister for Agriculture and Food.

EXPLANATORY NOTE

These Regulations implement the provisions of Commission Decision 98/503/EC which strengthen existing controls relating to the import of ware potatoes from Egypt. The Regulations also implement the provisions of Commission Directive 98/22/EC which lays down the minimum conditions for carrying out plant health checks on plants, plant products or other objects coming into the European Community from third countries.