Amendment of the Potatoes Originating in Egypt Regulations (Northern Ireland) 1998
2.—(1) The Potatoes Originating in Egypt Regulations (Northern Ireland) 1998(1) shall be amended in accordance with paragraphs (2), (3) and (4).
(2) In regulation 2(1) (Interpretation) for the definition of “the Decision” there shall be substituted—
““the Decision” means Commission Decision 96/301/EC authorising Member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt(2) as amended by Commission Decision 98/105/EC authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt(3) and Commission Decision 98/503/EC authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt(4);”
(3) After regulation 5 there shall be inserted—
“Fees in respect of the sampling of seed potatoes landed in Northern Ireland
5A.—(1) Where the power to take samples conferred by Article 25(a)(iii) of the 1993 Order is exercised by an inspector in relation to a consignment of seed potatoes originating in Egypt for the purpose of ascertaining whether, for the purposes of paragraph 3 of the annex to the Decision, those potatoes are infected with Pseudomonas solanacearum (Smith) Smith, the importer shall, subject to paragraph (2) pay a fee of £35 in relation to that consignment.
(2) A fee shall not be payable under paragraph (1) in relation to any consignment of potatoes where the power to take samples referred to in that paragraph has previously been exercised for the purpose referred to in that paragraph in respect of other potatoes from the same village, in the case of the delta region, or basin, in the case of the desert regions, during the same growing year.
(3) The fee prescribed by paragraph (1) shall be payable to the Department on demand.
(4) In this regulation—
(a)“delta region”, “village”, “basin” and “desert regions” have the same meanings as they have in paragraph 1(a) of the annex to the Decision; and
(b)“growing year” means the period beginning on 1st September in one year and ending on 31st August in the following year.”.
(4) In paragraph (1) of regulation 6 (offences) for the words—
“regulation 3 (landing of potatoes originating in Egypt) or 4 (person processing potatoes otherwise than in an approved plant)”
there shall be substituted—
“regulation 3 (landing of potatoes originating in Egypt) or 4(1) (person processing potatoes otherwise than in an approved plant)”.
O.J. No. L.115, 9.5.96, p. 47
O.J. No. L.25, 31.1.98, p.101
O.J. No. L.225, 11.8.98, p. 34