S.I. No. 262/1987:

POTATOES (REGULATION OF IMPORT) ORDER, 1987.

POTATOES (REGULATION OF IMPORT) ORDER, 1987.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 2 of the Agricultural Products (Regulation of Import) Act, 1938 (No. 14 of 1938), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1987 ( S.I. No. 97 of 1987 ), hereby, after consultation with the Minister for Finance and the Minister for Industry and Commerce, order as follows:--

1. (1) This Order may be cited as the Potatoes (Regulation of Import) Order, 1987.

(2) This Order shall come into operation on the 15th day of October, 1987.

2. In this Order "the Minister" means the Minister for Agriculture and Food; "the Community" means the European Economic Community; "Member State" means Member State of the Community.

3. (1) This Order applies to potatoes which are raw, unprocessed and are produced in a country other than --

( a ) a country which is a Member State, or

( b ) a country which has an agreement with the Community providing for the importation of potatoes into the Community,

but does not apply to potatoes which are in free circulation in a Member State.

(2) Potatoes shall be deemed to be in free circulation in a Member State if the import formalities have been complied with, any customs duties or charges having equivalent effect which are payable have been levied in that Member State in respect of such potatoes, and such potatoes have not benefited from a total or partial drawback of such duties or charges.

(3) Nothing in paragraph (1) (b) of this Article shall be construed as imposing an obligation on the State to permit the importation of potatoes other than on the terms prescribed by agreements entered into by the Community.

4. The importation of potatoes to which this Order applies is hereby prohibited unless--

( a ) such potatoes are imported under and in accordance with a licence granted by the Minister for the purposes of this Order, and

( b ) such licence is at the time of importation delivered to the proper officer of Customs and Excise.

5. (1) The Minister may, for the purposes of this Order, grant a licence to import a quantity of potatoes specified in the licence.

(2) Whenever the Minister grants a licence for the purposes of this Order, he may attach to such licence any one or more of the following conditions, namely:

( a ) a condition that the potatoes to which such licence relates shall be imported within a specified time or during a specified period;

( b ) a condition that such potatoes shall be imported from a specified country;

( c ) a condition that such potatoes shall have been produced in a specified country;

( d ) a condition that such potatoes shall be imported at a specified port or place or by a specified route;

( e ) a condition that such potatoes shall not be imported in more than a specified number of consignments;

( f ) a condition that such potatoes shall be imported by or on behalf of a specified person.

6. When any raw and unprocessed potatoes are imported any officer of Customs and Excise may, at the time of importation, require the person making the importation to produce to him such documentary evidence as satisfies him as regards the identification of the country or territory in which the potatoes were produced (which documentary evidence he may retain or mark if he so thinks fit), and in case a person fails to comply with a requirement made under this Article, the officer of Customs and Excise concerned shall refuse to allow the potatoes in relation to which the requirement was made to be imported.

7. (1) Where potatoes are imported in contravention of this Order, an officer of the Minister may seize and detain all or any of the potatoes.

(2) Potatoes duly seized and detained under this Article shall be disposed of in such manner (by destruction or otherwise) as the Minister shall direct.

8. A person who imports potatoes in contravention of this Order shall (in addition to being liable to be proceeded against under section 2 of the Customs Act, 1956 (No. 7 of 1956)) be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £500.

9. The Potatoes (Regulation of Import) Order, 1981 ( S.I. No. 78 of 1981 ), is hereby revoked.

GIVEN under my Official Seal, this 14th day of October, 1987.

MICHAEL O'KENNEDY,

Minister for Agriculture

and Food.

EXPLANATORY NOTE.

The Order prohibits the importation of potatoes except under licence issued by the Minister. The Order does not apply to potatoes from other EEC Member States, potatoes in free circulation in other Member States, or potatoes imported from certain third countries in accordance with agreements made with the EEC.