Scottish Statutory Instrument 2004 No. 111
The Potatoes Originating in Egypt (Scotland)
Regulations 2004
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SCOTTISH STATUTORY INSTRUMENTS
2004 No. 111
PLANT HEALTH
The Potatoes Originating in Egypt (Scotland)
Regulations 2004
| |
Made |
10th March 2004 |
|
| |
Laid before the Scottish
Parliament |
10th March 2004 |
|
| |
Coming into force |
31st March 2004 |
|
The Scottish
Ministers, in exercise of the powers conferred by section 2(2) of the
European Communities Act 1972[1]
and of all other powers enabling them in that behalf, hereby make the
following Regulations:
Citation, commencement and
extent
1.
- (1) These Regulations may be cited as the Potatoes
Originating in Egypt (Scotland) Regulations 2004 and shall come into
force on 31st March 2004.
(2) These
Regulations extend to Scotland
only.
Interpretation
2. - (1) In these Regulations-
"the Decision" means Commission Decision 2004/4/EC authorising
Member States temporarily to take emergency measures against the
dissemination of Pseudomonas solanacearum (Smith) Smith as
regards Egypt[2];
"inspector" means any person authorised by the Scottish
Ministers to be an inspector for the purposes of the Order;
"the Order" means the Plant Health (Great Britain) Order 1993[3];
"originating in Egypt" means grown in Egypt and "originated in
Egypt" shall be construed accordingly;
"phytosanitary certificate" means a certificate duly completed
either in the form set out in Schedule 14 to the Order or the
equivalent written in a language other than English;
"potato" means any tuber or true seed of or any other plant of
Solanum tuberosum L. or other tuber forming species or hybrid
of the genus Solanum L.
(2) Unless the context otherwise requires,
a reference in these Regulations to anything done in writing,
including the service of a notice by virtue of regulation 5 below in
exercise of a power conferred by article 22(1) or (2) of the Order,
includes a reference to an electronic communication, as defined in the
Electronic Communications Act 2000[4]
which has been recorded and is consequently capable of being
reproduced.
(3) In these Regulations,
references to provisions in the Order shall be interpreted in
accordance with article 2(1) of that Order.
Imports of
potatoes originating in Egypt
3. - (1) No person shall import into Scotland
any potatoes which that person knows or has reasonable cause to
suspect originated in Egypt, unless those potatoes are accompanied by
a phytosanitary certificate issued in accordance with the requirements
of paragraph 1 of the Annex to the
Decision.
(2) The requirement imposed
by point 25.8 of Section 1 of Part A of Schedule 4 to the Order (an
official statement that potatoes originate in areas where Ralstonia
solanacearum (Smith) Yabuuchi et al. is not known to occur) shall not
apply to imports of potatoes originating in Egypt.
Approval
of premises which process potatoes originating in
Egypt
4.
- (1) Subject to paragraph (4), no person shall carry out
in the course of business any treatment, including washing, of
potatoes originating in Egypt other than in premises that the Scottish
Ministers have approved in writing for that
purpose.
(2) Applications for the
approval required by paragraph (1) may be made in writing to the
Scottish Ministers.
(3) The Scottish
Ministers may suspend or revoke in writing any approval granted
pursuant to paragraph (1).
(4)
Paragraph (1) does not apply to the packing or preparation of potatoes
in a shop, restaurant, canteen, club, public house, school, hospital
or similar establishment (including a vehicle or a fixed or mobile
stall) for delivery to the final consumer.
Powers of an
inspector
5.
- (1) The provisions of this regulation are without
prejudice to the circumstances in which an inspector may by virtue of
the Order exercise the powers conferred by that
Order.
(2) On having reasonable grounds
for suspecting a contravention or likely contravention of regulation
3(1) above, an inspector may, for the purpose of these Regulations,
exercise-
(a) the powers conferred by article 22(1) of the Order as read
with article 24(1) to (3) of the Order, as if a potato originating
in Egypt was a plant landed or likely to be landed in contravention
of the Order; and
(b) the powers conferred by article 22(2)
of the Order as read with article 24(1) to (3) of the Order, as if a
potato originating in Egypt was a plant kept or moved in
contravention of the Order.
(3) On having reasonable grounds for
suspecting a contravention or likely contravention of regulation 4(1)
above, an inspector may, for the purpose of these Regulations,
exercise the powers conferred by article 22(2) of the Order as read
with article 24(1) to (3) of the Order, as if a potato originating in
Egypt was a plant kept or moved in contravention of the
Order.
(4) Any notice served by virtue
of this regulation in exercise of a power conferred by article 22(1)
or (2) of the Order shall have effect as if served under article 22(1)
or (2) of the Order, and articles 24(4) to (6), 26 to 28, 32 and
33(1), (2) and (6) of the Order shall apply
accordingly.
(5) An inspector may, for
the purposes of checking compliance with these Regulations, exercise
the powers conferred by article 25 of the Order, as if checking
compliance with the Order.
(6) Any
power conferred by article 25 of the Order which is exercised by
virtue of this regulation shall be treated as if that power had been
exercised under the Order, and articles 28 and 33(1)(a) and (c), (2)
and (6) of the Order shall apply accordingly.
Charges in
respect of the sampling of imports of
potatoes
6.
- (1) Where the power to take samples conferred by article
25(1)(a) of the Order is exercised by an inspector in respect of
potatoes originating in Egypt in order to ascertain whether, for the
purpose of paragraph 3 of the Annex to the Decision, those potatoes
are infected with Ralstonia solanacearum (Smith) Yabuuchi et
al., there shall be payable to the Scottish Ministers by the importer
a fee of £37.50, unless that power has previously been exercised for
that purpose in respect of other potatoes from the same basin or
sector during the same growing
year.
(2) In this regulation-
"basin" and "sector" have the same meanings as they have in
paragraph 1(a) of the Annex to the Decision; and
"growing year" means the period beginning on 1st September in
one year and ending on 31st August in the following year.
Offences
7.
- (1) A person shall be guilty of an offence if, without
reasonable excuse, proof of which shall lie on that person, they
contravene or fail to comply with regulation 3(1) or 4(1)
above.
(2) A person guilty of an
offence under paragraph (1) shall be liable on summary conviction to a
fine not exceeding level 5 on the standard
scale.
Revocation
8. The following Regulations are hereby revoked-
(a) the Potatoes Originating in Egypt (Scotland) Regulations
2001[5];
and
(b) the Potatoes Originating in Egypt (Scotland)
Amendment Regulations 2002 [6].
ALLAN WILSON
Authorised to sign by the Scottish
Ministers
Pentland House, Edinburgh
10th March
2004
EXPLANATORY NOTE
(This note is
not part of the Regulations)
These Regulations,
which extend to Scotland only, consolidate with amendments the
Potatoes Originating in Egypt (Scotland) Regulations 2001 ("the 2001
Regulations") and implement Commission Decision 2004/4/EC ("the
Decision") authorising Member States temporarily to take emergency
measures against the dissemination of Pseudomonas solanacearum (Smith)
Smith (now referred to as Ralstonia solanacearum (Smith) Yabuuchi et
al.) as regards Egypt. The Decision permits potatoes originating in
Egypt, other than seed potatoes, to be imported only if the measures
laid down in the Decision are complied with. It consolidates and
repeals Commission Decision 96/301/EC (as amended).
The
Regulations-
- prohibit the import into Scotland of potatoes which the person
importing knows or has reasonable cause to suspect originated in
Egypt, unless those potatoes are accompanied by a phytosanitary
certificate issued in accordance with the requirements of paragraph
1 of the Annex to the Decision (regulation 3);
- require potatoes originating in Egypt to be processed only in
premises approved by the Scottish Ministers for that purpose
(regulation 4);
- provide that an inspector, who has reasonable grounds for
suspecting that regulation 3(1) or 4(1) of the Regulations has been
or is likely to be contravened, may exercise certain enforcement
powers conferred by article 22 of the Plant Health (Great Britain)
Order 1993 ("the Order") (regulation 5);
- provide that any notice served or power exercised under
regulation 5 of the Regulations, where the power to do so is
conferred by the Order, has the same effect as if served or
exercised under the relevant article of the Order (regulation 5(4)
and (6)). Accordingly, once a notice is served or other power is
exercised under regulation 5 of the Regulations, the relevant
consequential provisions of the Order, including provisions as to
offences, take effect;
- permit an inspector to check that the provisions of the
Regulations have been complied with by exercising certain powers
conferred by article 25 of the Order (regulation 5(5));
- set a fee of £37.50, where a sample of potatoes is taken for
the purpose of ascertaining whether the potatoes are infected with
Ralstonia solanacearum (Smith) Yabuuchi et al. (regulation 6);
and
- provide that a person who contravenes or fails to comply with
regulation 3(1) (imports of potatoes originating in Egypt) or 4(1)
(processing other than in approved premises) of the Regulations is
liable on summary conviction to a fine not exceeding £5,000
(regulation 7).
The Regulations also revoke the 2001 Regulations, together with the
specified amending instrument, in consequence of their consolidation
in these Regulations (regulation 8).
No Regulatory Impact
Assessment has been carried out in respect of these
Regulations.
Notes:
[1] 1972 c.68; section 2(2) was
amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3).
The function conferred upon the Minister of the Crown under section
2(2) of the European Communities Act 1972, insofar as within devolved
competence, was transferred to the Scottish Ministers by virtue of
section 53 of the Scotland Act 1998.back
[2] O.J. No. L 2 6.1.04, p.50.back
[3] S.I. 1993/1320; relevant amending instruments are
S.I.1995/1358, 1998/2245 and S.S.I 1999/22.back
[4] 2000 c.7.back
[5] S.S.I. 2001/421.back
[6] S.S.I. 2002/518.back
ISBN 0 11 069049 4