The Plant Health (Amendment) Order (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 16

PLANT HEALTH

The Plant Health (Amendment) Order (Northern Ireland) 1998

Made

26th January 1998

Coming into operation

2nd March 1998

The Department of Agriculture, in exercise of the powers conferred on it by sections 2(1), and 3(1)(2), 3A(3), 3B(1)(4) and 4(1)(5) of the Plant Health Act (Northern Ireland) 1967(6) and of all powers enabling it in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Plant Health (Amendment) Order (Northern Ireland) 1998 and shall come into operation on 2nd March 1998.

Amendment of the Plant Health Order (Northern Ireland) 1993

2.—(1) The Plant Health Order (Northern Ireland) 1993(7) shall be amended in accordance with paragraphs (2) and (3).

(2) In Article 3(1) (Interpretation) for the term “Directive 95/44/EC” there shall be substituted the following—

““Directive 95/44/EC” means Commission Directive 95/44/EC(8) establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections, as amended by Commission Directive 97/46/EC(9);”.

(3) In Schedule 14 there shall be added at the end—

“Council Directive 97/3/EC	O.J. No. L.27, 30.1.97, p. 30.
Commission Directive 97/46/EC	O.J. No. L.204, 31.7.97, p. 43.”

Sealed with the Official Seal of the Department of Agriculture on

L.S.

R. S. Johnston

Assistant Secretary

26th January 1998.

Explanatory Note

(This note is not part of the Order.)

This Order which comes into operation on 2nd March 1998, further amends the Plant Health Order (Northern Ireland) 1993 (“the 1993 Order”). This includes Commission Directive 95/44/EC, which lays down rules for the import of material, for trial or scientific purposes and for work on varietal selections, which would otherwise be banned. This Directive has now been amended by Commission Directive 97/46/EC to incorporate provisions on potato breeding material which were previously included in a separate, temporary, Commission Decision. The effect of the change is to convert the temporary arrangements into a permanent part of the regime. (Article 2(2)).

The Order also updates Schedule 14 to the 1993 Order (Instruments amending and supplementing Council Directive 77/93/EEC) (Article 2(3)).

(1)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2; 1979 c. 2, s. 177(1) and Sch. 4 Pt. II; and S.I. 1984/702 (N.I. 2) Art. 15(2)

(2)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2

(3)

Inserted by S.I. 1975/1038 (N.I. 8) Art. 11(2)

(4)

Inserted by S.I. 1984/702 (N.I. 2) Art. 15(2)

(5)

As amended by S.I. 1984/702 (N.I. 2) Art. 15(2)

(6)

1967 c. 28 (N.I.)

(7)

S.R. 1993 No. 256; amended by S.R. 1995 No. 250, S.R. 1995 No. 494, S.R. 1996 No. 204, S.R. 1996 No. 249, S.R. 1997 No. 110 and S.R. 1997 No. 397

(8)

O.J. No. L.184, 3.8.95, p. 34

(9)

O.J. No. L.204, 31.7.97, p. 43