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S.I. No. 122/1996 - European Communities (Introduction and Movement of Certain Harmful Organisms, Plants, Plant Products and Other Objects For Trial Or Scientific Purposes And/Or For Work on Varietal Selections) Regulations, 1996.
Table of Provisions (18)
Statutory Text (18 Articles)
1. The official quarantine measures shall include appropriate inspection or testing for the relevant harmful organisms listed in Annexes I and II to the Council Directive and shall be carried out in respect of the special requirements laid down in Annex IV to the Council Directive and shall be carried out in respect of the special requirements laid down in Annex IV to the Council Directive for specific harmful organisms, as appropriate. In respect of such special requirements the methods used for the quarantine measures shall be those laid down in Annex IV to the Council Directive or other equivalent officially approved measures.
2. The plants, plant products and other objects must be found free. according to the provisions of paragraph 1. from the relevant harmful organisms specified in Annexes I, II and IV to the Council Directive for the said plants, plant products and other objects.
GIVEN under my Official Seal, this 9th day of May, 1996.
IVAN YATES,
Minister for Agriculture, Food and Forestry.
EXPLANATORY NOTE.
These Regulations implement the provisions of Commission Directive 95/44/EC which establishes the conditions under which certain harmful organisms, plants, plant products and other objects listed in the Annexes to Council Directive 77/93/EEC may be introduced or moved into the State for trial or scientific purposes and/or for work on varietal selections.
3. For the purposes of point 2 the plant material shall be indexed for harmful organisms (tested for and identified) according to the following procedures
3.1 Where the plant material originates in a country which is not known to be free of the following harmful organisms
(i) Ajinashika disease
The testing shall use an appropriate laboratory method. In the event of a negative result, the plant material shall be indexed on the vine variety Koshu and kept under observation during at least two cycles of vegetation.
(ii) Grapevine stunt virus
The testing shall use appropriate indicator plants, including the vine variety Campbell Early, and observation shall take place during one year.
(iii) Summer mottle
The testing shall use appropriate indicator plants, including the vine varieties Sideritis, Cabernet Franc and Mission.
3.2 Irrespective of the country of origin of the plant material, the testing shall use appropriate laboratory methods and, where appropriate, indicator plants for the detection of at least the following harmful organisms
(
a
) Blueberry leaf mottle virus
(
b
) Grapevine Flavescence doree MLO and other grapevine yellows
(
c
) Peach rosette mosaic virus
(
d
) Tobacco ringspot virus
(
e
) Tomato ringspot virus (strain 'yellow vein, and other strains)
(
f
)
Xylella fastidiosa
(Well & Raju)
(
g
)
Xylophilus ampelinus
(Panagopoulos) Willems
et al
.
4. The plant material subjected to the visual inspections referred to in point 2 and on which signs and symptoms of harmful organisms have been observed shall be subjected to an investigation including testing where necessary, to determine as far as possible, the identity of the harmful organisms causing the signs and symptoms.
PART B For plants, plant products and other objects listed in Annexes II and IV to the Council Directive
5. Place of origin (documentary evidence attached for material originating in a third country)
6. Plant passport number: or Phytosanitary certificate number
7. Declared point of entry for material introduced from a third country
8. Scientific name(s) of the material including the harmful organisms concerned
9. Quantity of material
10. Type of material
11. Additional declaration This material is moved within/introduced into the Community under Directive 95/44/EC
12. Additional information
13. Endorsement by the responsible official body of the Member State or origin of the material
14. Stamp of the responsible official
Place of endorsement
Place of Issue
Date
Date
Name and signature of authorised officer
Name and signature of authorised officer
ANNEX III
QUARANTINE MEASURES INCLUDING TESTING ON PLANTS, PLANT PRODUCTS AND OTHER OBJECTS INTENDED FOR RELEASE FROM QUARANTINE
PART A For certain plants, plant products and other objects listed in Annex III to the Council Directive.
SECTION I
Plants of Citrus L. Fortunella Swingle, Poncirus Raf: and their hybrids, other than fruit and seeds.
15. (1) For the purpose of ensuring compliance with Article 2 of the Commission Directive, an authorised person may at all reasonable times—
(
a
) enter any premises/facilities where the approved activities are being carried out and monitor such activities,
(
b
) enter and inspect any premises, railway or other vehicle ship or vessel or aircraft,
(
c
) inspect the contents of any container in which there are reasonable grounds for believing that the material is moved, grown, produced, stored or offered for sale and
(
d
) examine, take samples and test any organism, plant, plant product or other object found in the course of the inspection, and
(
e
) examine and take copies of any book or document or any other record in whatever form kept so found, or of extracts from any such records,
(
f
) examine any copy any data or data material (within the meaning in each case of the
Data Protection Act, 1988
) (No. 25 of 1988) found there, extract information from any such data and take extracts from any such material.
(2) The Minister shall furnish an authorised person with a certificate of appointment and, when exercising any power conferred by this Regulation, the authorised person shall, if requested by any person affected, produce the certificate to that person.
16. (1) Any person who contravenes Regulations 4, 10 or 11 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to a term of imprisonment not exceeding 6 months or to both.
(2) Any person who fails to comply with the provisions of Regulations 12, 13 or 14 or who obstructs or interferes with an authorised person in the performance of his/her functions under these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to a term of imprisonment not exceeding 6 months or to both.
17. An offence under these Regulations may be prosecuted by the Minister.
ANNEX I
S.I. No. 122 of 1996.
EUROPEAN COMMUNITIES (INTRODUCTION AND MOVEMENT OF CERTAIN HARMFUL ORGANISMS, PLANTS, PLANT PRODUCTS AND OTHER OBJECTS FOR TRIAL OR SCIENTIFIC PURPOSES AND/OR FOR WORK ON VARIETAL SELECTIONS) 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 purpose of giving effect to Commission Directive No. 95/44/EC
(1)
of 26 July 1995, hereby make the following Regulations
(1)
O.J. No. L.184, 3-8-1995, p.34.