S.I. No. 197 of 2002 .

European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations, 2002.

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ) and for the purpose of giving effect to Commission Decision 2001/664/EC of 16 August 2001 ⁽¹⁾ , Commission Directive 2002/28/EC ⁽²⁾ and Commission Directive 2002/29/EC ⁽²⁾ 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) (Amendment) Regulations, 2002.

(2)        The European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations 1980 to 2001 and these Regulations may be cited together as the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations, 1980 to 2002.

2.         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 ).

3.         Regulation 2 of the Principal Regulations is hereby amended by the substitution in paragraph (1), in the definition of “the Directive”, for “and Commission Directive 2001/33/EC of 8 May, 2001” (inserted by the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations, 2001 ( S.I. No. 414 of 2001 )) of “, Commission Directive 2001/33/EC of 8 May 2001, Commission Directive 2002/28/EC of 19 March 2002 and Commission Directive 2002/29/EC of 19 March 2002”.

4.         Regulation 11 of the Principal Regulations is hereby amended by the substitution for paragraph (2A) (inserted by Regulation 3 of the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) (No. 3) Regulations, 2000 ( S.I. No. 434 of 2000 )) of the following paragraph:

“ (2A)   (a)  A person shall not introduce into the State or move within the State, tubers of Solanum tuberosum L., other than those intended for planting, originating in Egypt unless they comply with the conditions of Article 1 of Commission Decision No. 2001/664/EC of 31 August 2001.

(b)  The requirements of this paragraph are in addition to and not in substitution for the requirements of paragraphs (1) and (2) of this Regulation.”

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations implement the provisions of Commission Directive 2002/28/EC which modifies the current description of certain EU protected zones, Commission Directive 2002/29/EC which modifies the current description of certain protected zones and extends the period of recognition of defined EU protected zones, and Commission Decision 2001/664/EC which strengthens existing controls relating to the import of ware potatoes from Egypt.

Published by the Stationery Office, Dublin 2.

⁽¹⁾ O.J. L 233 of 31.8.2001

⁽²⁾ O.J. L 77 of 20.3.2002

⁽²⁾ O.J. L 77 of 20.3.2002