S.I. No. 266/1996:

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANTS PRODUCTS) (PROHIBITION) (AMENDMENT) (No. 2) REGULATIONS, 1996

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANTS PRODUCTS) (PROHIBITION) (AMENDMENT) (No. 2) REGULATIONS, 1996

I, Ivan Yates, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purposes of giving effect to Council Directive 94/13/EC of 29 March 1994⁽¹⁾, Commission Directive 96/14/EC of 12 March 1996⁽²⁾ and Commission Directive 96/15/EC of 14 March 1996⁽³⁾ hereby make the following Regulations :

⁽¹⁾ O.J. L. 92 of 9.4.94

⁽²⁾ O.J. L. 68 of 19.3.96

⁽³⁾ O.J. L. 70 of 20.3.96

1. (1) These Regulations may be cited as the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) (No. 2) Regulations, 1996.

(2) The collective citation "the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations 1980 to 1996" shall include these Regulations.

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 as follows:--

(a) by the substitution in paragraph (1) in the definition of "the Directive" for "and Commission Directive 95/66/EC of 14 December 1995" (inserted by the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations, 1996 ( S.I. No. 54 of 1996 ) of", Commission Directive 95/66/EC of 14 December 1995, Commission Directive 96/14/EC of 12 March 1996 and Commission Directive 96/15/EC of 14 March 1996", and

(b) by the insertion of the following paragraph after paragraph (1):

"(2) (a) These Regulations shall apply to plants, plant products and harmful organisms as defined in Article (2)1 of the Directive.

(b) Subject to paragraph (2) (c) of this Regulation, these Regulations apply also to wood, other than wood which is otherwise expressly provided for in these Regulations and in the Directive, where such wood,

(i) retains all or part of its natural round surface, with or without bark, or

(ii) is in the form of chips, particles, sawdust, wood waste or scrap, or

(iii) save for the provisions of these Regulations relating to Annex V, it is wood whether or not of a type described in subparagraph (i) or (ii) of this paragraph, which is in the form of dunnage, spacers, pallets or packing material which are actually in use in the transport of objects of all kinds and which in the opinion of an authorised person presents a plant health risk.

(c) The provisions of these Regulations, relating to plants, plant products or other objects listed in Annex V shall not apply to pallets or box pallets proper to CN code Ex 4415 20 where they satisfy the standards set up for "UIC - Pallets" and are marked accordingly. "

4. Regulation 11 of the Principal Regulations is hereby amended --

(a) by the insertion in paragraph (2) of "part B of" between "listed in" and "Annex V" and

(b) by the insertion of the following paragraph after paragraph (2):

"(22) the certificate referred to in sub paragraph (a) of paragraph (2) of this Regulation shall be cancelled and so marked by a red triangular stamp when the plants, plant products or other objects to which it relates are found upon inspection carried out by an authorised person, to be in contravention of these Regulations ".

GIVEN under my Official Seal this 10th day of September 1996

IVAN YATES

Minister for Agriculture, Food and Forestry

Explanatory Note

These Regulations implement (i) the provisions of Commission Directive 96/15/EC which amends the provisions of Directive 92/76/EEC in relation to certain protected zones of the Union (ii) the provisions of Commission Directive 96/14/EC which amends certain annexes to Council Directive 77/93/EEC and (iii) certain provisions of Council Directive 94/13/EC which amends Council Directive 77/93/EEC on protective measures against the introduction into the EU of organisms harmful to plants or plant products and against their spread within the Union.