European Communities (Introduction of Organisms Harmful to Plants Or Plant Products) (Prohibition) Regulations, 1980

• Jurisdiction: Ireland
• Citation: IR SI 125/1980
• Year: 1980

S.I. No. 125 of 1980.

EUROPEAN COMMUNITIES (INTRODUCTION OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS) (PROHIBITION) REGULATIONS, 1980.

I, RAY MacSHARRY, Minister for Agriculture, 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 Council Directive No. 77/93/EEC of 21 December 19761, as corrected by the Corrigenda published in the Official Journal No. L. 130/32 dated 29 May 1979, and amended by Council Directive No. 80/392/EEC of 18 March 19802 and Council Directive No. 80/393/EEC of 18 March 19803 hereby make the following regulations:

(1) OJ No. L. 26., 31.1.1977

(2) OJ No. L. 100., 17.4.1980

(3) OJ No. L. 100., 17.4.1980 1. (1) These Regulations may be cited as the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations, 1980.

(2) These Regulations shall come into force on the 1st day of May, 1980. 2. (1) In these Regulations—

"Annex I" means Annex I to the Directive;

"Annex II" means Annex II to the Directive;

"Annex III" means Annex III to the Directive;

"Annex IV" means Annex IV to the Directive;

"Annex V" means Annex V to the Directive;

"Annex VI" means Annex VI to the Directive;

"Annex VII" means Annex VII to the Directive;

"Annex VIII" means Annex VIII to the Directive;

"authorised person" means a person appointed in writing by the Minister to be an authorised person for the purposes of these Regulations;

"Member State" means a Member State of the European Communities:

"the Directive" means Council Directive 77/93/EEC of 21 December 19761—as corrected by—the Corrigenda published in the Official Journal No. L. 130/32 dated 29 May 1979, and amended by Council Directive No. 80/392/EEC of 18 March 19802 and Council Directive No. 80/393/EEC of 18 March 19803.

(1) OJ No. L. 26., 31.1.1977

(2) OJ No. L. 100., 17.4.1980

(3) OJ No. L. 100., 17.4.1980

"the Minister" means the Minister for Agriculture;

(2) ( a ) These Regulations apply to wood listed in the first column of Part A of Annex IV at reference number 2 or in the first indent of Annex V at reference number 4, whether or not it retains all or part of its natural round surface, with or without bark.

( b ) These Regulations apply to wood, other than wood referred to in subparagraph (a) of this paragraph, only in so far as it retains all or part of its natural round surface, with or without bark.

(3) A word or expression that is used in these Regulations and is also used in the Directive has the meaning in these Regulations that it has in the Directive. 3. (1) Subject to paragraphs (2) and (3) of this Regulation, a person shall not introduce into the State any organism which is an organism listed in Part A of Annex I.

(2) Paragraph (1) of this Regulation shall not at any time during any period beginning on the 16th day of October and ending on the 30th day of April apply as regards cut flowers which are slightly contaminated by the organism referred to at reference number 1 or 4 of Part A (a) of Annex I.

(3) (i) Paragraph (1) of this Regulation shall not apply as regards fruit which is slightly contaminated by the organism referred to at reference number 3 of Part A (b) of Annex I.

(ii) Notwithstanding subparagraph (i) of this paragraph, paragraph (1) of this Regulation shall apply at any time during any period beginning on the 1st day of May and ending on the 15th day of September as regards fruit which is slightly contaminated by the organism so referred to if such organism is young or mobile (or both). 4. A person shall not introduce into the State, save under and in accordance with a permit issued for the purposes of these Regulations by the Minister—

( a ) any organism listed in the first column of Part B of Annex I opposite the mention of Ireland in the second column thereof;

( b ) any plant or plant product listed in the second column of Part B of Annex II opposite the mention of Ireland in the third column thereof which is contaminated with an organism mentioned in the first column thereof opposite the mention in the said Part B of the plant or plant product. 5. (1) A person shall not introduce into the State any plant or plant product which is listed in the second column of Part A of Annex II if it is contaminated by any organism which is an organism listed in the first column of the said Part A opposite the mention in the said second column of the plant or plant product.

(2) A person shall not introduce into the State, save under and in accordance with a permit issued for the purposes of these Regulations by the Minister, any organism listed in the first column of Part A of Annex II if it is either in an isolated state or occurs on any object other than an object listed in the second column of the said Part A. 6. (1) Subject to paragraph (3) of this Regulation, a person shall not introduce into the State any plant or plant product listed in the first column of Part A of Annex III and which originates in any country which is either a country specified in the second column of the said Part A opposite the mention of the plant or plant product or a country which is of a class or description so specified.

(2) A person shall not introduce into the State save under and in accordance with a permit issued for the purposes of these Regulations by the Minister, any plant, plant product or other object listed at the reference numbers in the first column of Part B of Annex III which are opposite a reference in the second column of the said Part B to Ireland.

(3) ( a ) During the relevant period paragraph (1) of this Regulation shall only apply as regards plants or plant products listed at reference number 8 in the first column of Part A of Annex III.

( b ) This Regulation shall not be construed as applying to any plant or plant product which—

(i) in the course of being transported from one place in the State to another place in the State is moved in transit outside the State.

(ii) in the course of being transported from one place outside the State to another place outside the State is moved in transit through the State.

( c ) In this paragraph "the relevant period" means the period in any year beginning on the 16th day of April and ending on the 30th day of September. 7. A person shall not introduce into the State from another Member State any plant, plant product or other object which is listed in either—

( a ) the first column of Part A of Annex III, other than at reference number 6, 9, or 10 thereof, or

( b ) at reference number 1, 2, 3, 4 or 5 in the first column of Part A of Annex IV,

unless the plant, plant product or other object is accompanied by a certificate issued officially in such Member State as regards the plant, plant product or other object, as the case may be, and certifying the country of its origin. 8. (1) A person shall not introduce into the State any plant, plant product or other object listed in the first column of Part A of Annex IV unless the requirements indicated in the second column of the said Part A opposite the mention in the said first column of the plant, plant product or other object are met.

(2) A person shall not introduce into the State, save under and in accordance with a permit issued for the purposes of these Regulations by the Minister, any plant or plant product listed at the reference numbers in the first column of Part B of Annex IV which are opposite a reference in the third column of the said Part B to Ireland unless the requirements indicated in the second column of the said Part B opposite the mention in the said first column of the plant or plant product are met.

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