S.I. No. 253/1989:

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) (TEMPORARY PROVISIONS) (NO. 2) REGULATIONS, 1989.

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) (TEMPORARY PROVISIONS) (NO. 2) REGULATIONS, 1989.

WHEREAS paragraph 1 of Article 3 of Council Directive 77/93/EEC of 21 December 1976⁽¹⁾ provides that Member States shall ban the introduction into their territory of harmful organisms listed in Part A of Annex I thereto;

⁽¹⁾ OJ No. L 26, 31.1.1977.

AND WHEREAS Liriomyza huidobrensis (Blanchard) is listed in the said Part A as a harmful organism;

AND WHEREAS the first sentence of paragraph 1 of Article 5 of the said Council Directive provides that Member States shall ban the introduction into their territory of plants, plant products and other objects listed in Part A of Annex IV to the said Council Directive unless the relevant special requirements indicated in that Part of the Annex are met;

AND WHEREAS the special requirements in the said Part A relating to Chrysanthemum and Gypsophila plants, intended for planting, include a provision that there must be an official statement that no contamination by Liriomyza huidobrensis (Blanchard) has been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting;

AND WHEREAS the organism Liriomyza huidobrensis (Blanchard) has recently been found on cut flowers of Chrysanthemum and Gypsophila imported from the Netherlands;

AND WHEREAS continued imports of plants or parts of plants of the genera Chrysanthemum and Gypsophila which originate or have otherwise been in the Netherlands would represent a serious risk of further introduction or spread of Liriomyza huidobrensis (Blanchard) into or within the State;

AND WHEREAS paragraph 1 of Article 15 of the said Council Directive provides that where a Member State considers that there is an imminent danger of the introduction or spread in its territory of harmful organisms, it may temporarily take any additional measures necessary to protect itself from that danger;

NOW, THEREFORE, I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, considering that there is an imminent danger of the introduction and spread in the State of the harmful organism, Liriomyza huidobrensis (Blanchard), in Chrysanthemum and Gypsophila plants or parts of plants which originate as aforesaid and that it is necessary, temporarily, to take additional measures to protect the State from the danger by prohibiting the importation into the State of plants or parts of plants of the genera Chrysanthemum and Gypsophila, hereby, by virtue of paragraph 1 of Article 3 and paragraph 1 of Article 15 of Council Directive No. 77/93/EEC of 21 December, 1976, exercise the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Temporary Provisions) (No. 2) Regulations, 1989.

(2) The collective citation, the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations, 1980 to 1989, shall include these Regulations.

(3) These Regulations shall come into force on the 6th day of October, 1989, and shall remain in force until the 31st day of December, 1989.

2. (1) 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 ).

(2) A word or expression that is used in these Regualtions and is also used in Council Directive No. 77/93/EEC of 21 December, 1976, has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Directive.

3. (1) The provisions of Regulations 15 and 16, and paragraph (4) of Regulation 17 (inserted by the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations, 1987 ( S.I. No. 265 of 1987 )), of the Principal Regulations shall apply to these Regulations as if--

(a) in the said Regulations 15 and 16, the references to "these Regulations" (being the Principal Regulations) included a reference to Regulation 4 of these Regulations, and

(b) in the said paragraph (4) of Regulation 17, the reference to Regulation 15 of the Principal Regulations included a reference to Regulation 4 of these Regulations.

4. (1) The importation of plants or parts of plants of the genera Chrysanthemum and Gypsophila which originate or have otherwise been in the Netherlands is hereby prohibited.

(2) Any person who contravenes paragraph (1) of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £600.

5. An offence under these Regulations may be prosecuted by the Minister for Agriculture and Food.

GIVEN under my Official Seal this 6th day of October, 1989.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

The Regulations prohibit the importation, during the period 6 October to 31 December 1989, of plants or parts of plants of the genera Chrysanthemum and Gypsophila which originate or have otherwise been in the Netherlands.