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STATUTORY INSTRUMENTS


2001 No. 3574

PLANT HEALTH, ENGLAND

The Potatoes Originating in Egypt (Amendment) (England) Regulations 2001

  Made 4th November 2001 
  Laid before Parliament 8th November 2001 
  Coming into force 30th November 2001 

The Secretary of State, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, acting in exercise of the powers conferred on her by the said section 2(2), hereby makes the following Regulations:

Title, extent and commencement
     1. These Regulations may be cited as the Potatoes Originating in Egypt (Amendment) (England) Regulations 2001, shall extend to England and shall come into force on 30th November 2001.

Amendment of the Potatoes Originating in Egypt Regulations 1998
    
2.  - (1) The Potatoes Originating in Egypt Regulations 1998[3] shall be amended in their application to England in accordance with paragraphs (2) to (4) below.

    (2) For regulation 5 (Powers of an Inspector) there shall be substituted:

    (3) In paragraph (1) of regulation 5A (Charges in respect of the sampling of imports of potatoes) for "a fee of £35," there shall be substituted "a fee of £37.50,".

    (4) In the Schedule, under the column headed "Instrument", after "Commission Decision 2000/568/EC", there shall be added "Commission Decision 2001/664/EC"[
4], and under the column headed "Reference", after "OJ No. L238, 22.9.00, p. 59", there shall be added "OJ No. L233, 31.8.01, p. 49".


Whitty
Parliamentary Under Secretary Department for Environment, Food and Rural Affairs

4th November 2001



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which extend to England, implement Commission Decision 2001/664/EC[
5] amending Commission Decision 96/301/EC[6] ("the Decision") authorising member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt. They do so by adding to the list of instruments amending the Decision contained in the Schedule to the Potatoes Originating in Egypt Regulations 1998 (SI 1998/201) ("the Regulations") (regulation 2(4)). Pseudomonas solanacearum Smith (Smith) is now referred to as Ralstonia solanacearum Smith (Yabuuchi) et al. (see Council Directive 98/57/EC (OJ No. L235, 21.9.1998, p. 1)) albeit that the reference to it in the Decision has not been amended. Decision 2001/664/EC renews the framework within which potatoes may be imported from Egypt into the territory of the European Community during the 2001/2002 season.

These Regulations also clarify the basis on which powers of inspectors under the Plant Health (Great Britain) Order 1993 may be used in respect of the Regulations (regulation 2(2)), and increase the fee payable by importers from whose potatoes samples are taken for testing for the presence of Ralstonia solanacearum Smith (Yabuuchi) et al. (regulation 2(3)). The fee increase reflects a rise in laboratory costs and is in line with inflation.


Notes:

[1] S.I. 1972/1811.back

[2] 1972 c. 68.back

[3] S.I. 1998/201, as amended by S.I. 1998/3167, S.I. 2000/22 and 2963back

[4] OJ No. L233, 31.8.2001, p. 49.back

[5] OJ No. L233, 31.8.2001, p. 49.back

[6] Commission Decision 96/301/EC, OJ No. L115, 9.5.1996, p. 47.back



ISBN 0 11 038878 X


 © Crown copyright 2001

Prepared 27 November 2001


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