IE
S.I. No. 381/1999 - European Communities (Seed Potatoes) (Amendment) Regulations, 1999.
Table of Provisions (18)
Statutory Text (18 Articles)
1. An authorised officer to whom a consignment of seed potatoes is submitted for examination under these Regulations may examine as many packages or containers, or such weight of tubers, selected at random from the consignment, as the officer considers appropriate: Provided always that the minimum sample size shall be 50 kilograms per tonne, or 250 kilograms per consignment where this weight represents the smaller sample size.
2. Where a consignment of seed potatoes submitted for examination comprises more than one lot, the authorised officer shall sample and examine each lot separately.
3. For the purposes of an examination by an authorised officer of a lot of seed potatoes, all the tubers in the sample taken shall be exposed to the view of the authorised officer.
4. The status or grade of each lot of seed potatoes thus sampled and examined by an authorised officer shall be determined by the results of the officer's examination of the relevant sample.
PART VI — TUBER SIZE
TUBERS
TOLERANCE
Maximum permitted size range — not more than 25 m.m.
A maximum of 3%, by weight, of tubers smaller than the minimum indicated size,
Minimum size
—25 m.m. x 25 m.m.
Or,
Tubers greater in size than 35 m.m. x 35 m.m. shall have their upper and lower size limits expressed in multiples of 5.
a maximum 3%, by weight, of tubers larger than the maximum indicated size.
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 European Community Council Directives 98/95/EC and 98/96/EC, with particular reference to the consolidation of the internal market for seed potatoes, and consolidate and update existing seed potato legislation.
(1)
O.J. No. L25 1.2.1999.
(1)
O.J. No. L25 1.2.1999.
(a)
O.J. No. L48 26.2.1969
(b)
O.J. No. L87 17.4.1971
(c)
O.J. No. L171 29.7.1972
(d)
O.J. No. L287 26.12.1972
(e)
O.J. Special Edition 27.3.1972
(f)
O.J. No. L2 1.1.1973
(g)
O.J. No. L356 27.12.1973
(h)
O.J. No. L196 26.7.1975
(i)
O.J. No. L72 18.3.1976
(j)
O.J. No. L261 14.10.1977
(k)
O.J. No. L236 26.8.1978
(l)
O.J. No. L281 6.10.1978
(m)
O.J. No. L293 20.11.1979
(n)
O.J. No. L18 24.1.1980
(o)
O.J. No. L203 23.7.1981
(p)
O.J. No. L104 17.4.1984
(q)
O.J. No. L152 6.6.1986
(r)
O.J. No. L197 18.7.1987
(s)
O.J. No. L151 17.6.1988
(t)
O.J. No. L174 6.7.1988
(u)
O.J. No. L186 16.7.1988
(v)
O.J. No. L159 10.6.1989
(w)
O.J. No. L208 7.8.1990
(x)
O.J. No. L60 7.3.1991
(y)
O.J. No. L82 27.3.1992
(z)
O.J. No. L54 5.5.1993
(1a)
O.J. No. L106 30.4.1993
(1b)
O.J. No. L106 30.4.1993
(1c)
O.J. No. L304 27.11.1996
(1d)
O.J. No. L25 1.2.1999
(1e)
O.J. No. L25 1.2.1999
5. Potato Cyst Nematode (Globodera species infesting potatoes)
6. Potato Tuber Eelworm (Ditylenchus destructor)
7. Colorado Beetle (Leptinotarsa decemlineata)
8. Potato Tuber Moth (Phthorimaea operculella)
PART III — TUBER TOLERANCES
Tuber tolerances, by weight basis, for particular diseases, blemishes and impurities of seed potatoes are specified in the following table
Table
Ref. No.
Group
Individual Tolerances
Group Tolerance
(1)
(2)
(3)
(4)
(1)
Tubers showing visible symptoms of
(a) Blight (Phytophthora infestans)
0.4%
(b) Gangrene (Phoma species)
0.4%
(c) Other Rots (except if caused by Wart Disease, Ring Rot or Brown Rot),
(i) Dry
0.4%
(ii) Soft
0.1%
1.0%
(2)
Tubers with more than one-tenth of their surface area visibly affected by
(a) Common Scab (Streptomyces species)
10.0%
(b) Powdery Scab (Spongospora subterranea)
5.0%
(c) Black Scurf (Rhizoctonia solani)
5.0%
(d) Skin Spot (Polyscytalum pustulans)
5.0%
10.0%
(3)
Other external blemishes, such as damaged or mis-shapen tubers
3.0%
3.0%
(4)
Presence of earth or other extraneous matter on tubers
1.0%
1.0%
PART IV — OFFICIAL LABELS/PLANT PASSPORTS
Every official label/plant passport attached to a package or container containing seed potatoes shall contain the following information
(a) ‘EC Rules and Standards’.
(b) Certification Authority and Member State, or their initials.
(c) Producer's identification number or reference number of lot.
(d) Date of sealing of the package or container.
(e) Variety of seed potatoes contained in the package or container, indicated at least in Roman characters.
(f) Category of seed potatoes contained in the package or container.
(g) Class of seed potatoes contained in the package or container.
(h) Size of seed potatoes contained in the package or container.
(i) Country of production of the seed potatoes.
(j) Declared net weight of the package or container.
(k) Designation code of protected zone.
(l) EC grade of seed potatoes contained in the package.
Every label/plant passport attached, pursuant to these Regulations, to a package or container containing seed potatoes shall be not less than 110 mm by 67 mm in size.
PART V — SAMPLING PROCEDURES
9. (1) The Minister shall for the purposes of these Regulations set up and maintain a register to be known as the Seed Potato Register (which register is in these Regulations referred to as “the register”).
(2) There shall be entered in the register the following particulars, namely
(
a
) the full name, address and description of the person (other than a person registered in compliance with Regulation 5(3)(b) of these Regulations) engaged in packing certified seed potatoes,
(
b
) a description of the premises in which such person carries on the business of packing seed potatoes, which description shall be sufficient to identify those premises and the limits and extent thereof, and
(
c
) such other particulars as the Minister, in the circumstances of any particular case, considers relevant.
(3) Any change in the name or address of a person registered in the register shall be notified by him to the Minister.
(4) The Minister shall permit the register to be inspected during office hours by any person.
10. (1) On the application, in such form and containing such particulars as the Minister may direct, by or on behalf of a person who—
(
a
) immediately before the commencement of this Regulation, carried on the business of packing seed potatoes, or
(
b
) proposes to carry on the business of packing seed potatoes,
the Minister may, at his discretion, register the person in the register.
(2) Before the Minister registers any person under paragraph (1) of this Regulation the Minister shall be satisfied—
(
a
) that the premises together with any plant or machinery therein to be used by the person for the weighing, grading, packing or storage of seed potatoes are suitable for each of these purposes having regard to the maximum quantity of seed potatoes likely to be handled in the premises at any time, and
(
b
) that the person is competent to weigh, grade and pack seed potatoes or will have in his employment persons who are so competent and that the number of person so weighing, grading and packing in the said permises will be sufficient to properly weigh, grade and pack the quantity of seed potatoes likely to be handled therein at any time.
(3) Whenever the Minister proposes to refuse an application for registration in the register he shall, before doing so, notify in writing the applicant for registration of his intention and of the reasons therefor, and, if any representations are made to the Minister by the applicant within seven days after the giving of the notification, the Minister shall consider them.
11. (1) A person shall not carry on the business of packing seed potatoes unless he is a registered person.
(2) A person who contravenes paragraph (1) of this Regulation shall be guilty of an offence.
12. (1) Subject to Regulation 3 of these Regulations, a person who is not a registered person shall not place on the market seed potatoes which have been packed by him.
(2) A person who contravenes paragraph (1) of this Regulation shall be guilty of an offence.
13. (1) Every registered person shall, in accordance with such direction (if any) as may be given by the Minister, keep full and true records of all transactions relating to the marketing of seed potatoes.
(2) A record or other document kept by a person pursuant to the requirements of paragraph (1) of this Regulation which is in the power, possession or procurement of the person and in the case of any such record or other document which has been issued by the person to another person, any copy thereof which is in the power, possession or procurement of the person, shall be retained in his power, possession or procurement for a period of two years from the date of the latest transaction to which the record or other document relates; provided that this paragraph shall not require the retention of records or invoices or any other documents in respect of which the Minister notifies the person concerned that retention is not required.
(3) Any person who fails to comply with a requirement of paragraph (1) or (2) of this Regulation shall be guilty of an offence.
14. (1) An authorised officer may—
(
a
) at all reasonable times enter any premises in which he has reasonable grounds for believing that there are any books, documents or records relating to any business whose activities consist of or include the marketing, importation or exportation of seed potatoes;
(
b
) require the owner, or the person who appears to be the officer to be in charge or control, of any such premises to produce to him any books, documents or records which are in the person's control, possession or procurement and which the officer has reasonable grounds for believing to be records, books or documents relating to the marketing, importation or exportation of seed potatoes, and to give him such information as he may reasonably require in regard to any entries in any such records, books or documents, and
(
c
) inspect any copy or take extracts from any such records, books or documents.
(2) A person who fails to comply with a requirement under paragraph (1) (b) of this Regulation or who obstructs or interferes with an authorised officer when he is exercising a power conferred by this Regulation shall be guilty of an offence.
15. (1) An authorised officer may at all reasonable times enter, inspect and search any premises, railway wagon, vehicle, ship, vessel or aircraft, or other thing (e.g. a container) used to store or transport anything and which he has reasonable grounds for believing to be used in connection with the marketing, importation or exportation of seed potatoes, and may examine and take (with or without payment) samples of any seed potatoes which he finds in the course of his inspection.
(2) An authorised officer may in the course of exercising a power conferred on him by paragraph (1) of this Regulation require the owner, or the person who appears to the officer to be in apparent charge or control, of the relevant premises, railway wagon, vehicle, ship, vessel, aircraft or other thing to render, or cause to be rendered, for or in connection with the making of an examination, inspection or search or the taking of a sample under these Regulations, such reasonable facilities and personal assistance as the officer shall specify.
(3) An authorised officer may, in relation to a crop of seed potatoes in respect of which an application for certification has been made under these Regulations, take such samples as considered appropriate of the soil in which the crop is to be grown, is growing, or was grown, as the case may be.
(4) Any person who fails to comply with a requirement made under paragraph (2) of this Regulation or who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation shall be guilty of an offence.
(5) The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any powers conferred by these Regulations, the officer shall, if requested by a person affected, produce the certificate to that person.
16. (1) Where an authorised officer has reason to believe that seed potatoes have been planted or brought into the State in contravention of these Regulations or that there are on or planted in any land any potatoes derived from such seed potatoes, he may by a notice in writing given to the person who he believes to be in possession of such potatoes or in whose land he believes them to have been planted—
(
a
) require their removal to a place specified in the notice,
(
b
) if they are not already planted, prohibit the planting of such potatoes,
and in addition to the foregoing the Minister may by such notice require such potatoes to be treated, destroyed or otherwise disposed of in such manner as may be specified in the notice.
(2) A notice under this section shall specify the name of the person to whom it is addressed and the land on or in which the inspector by whom the notice is given believes the potatoes to which the notice relates happen to be.
(3) If any person specified in a notice given under this Regulation fails to comply with the requirements of the notice an authorised officer may enter on any premises to which the notice relates and take such measures for the treatment, destruction or removal of the potatoes to which the notice relates as he considers necessary.
(4) Any person who fails to comply with the requirements of a notice given under this Regulation or who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation shall be guilty of an offence.
(5) In case a person fails to comply with the requirements of a notice given under this Regulation an authorised officer may do anything required to be done by the notice and any expenses, which are incurred in the exercise of the powers conferred on an authorised officer by this paragraph, shall be a simple contract debt due to the Minister by the person to whom the relevant notice under this Regulation was given and shall be recoverable by the Minister from such person in any court of competent jurisdiction.
17. (1) An offence under these Regulations may be prosecuted by the Minister.
(2) A person guilty of an offence under these Regulations shall on summary conviction be liable to a fine not exceeding—
(
a
) in case the offence is an offence under Regulation 14 (2), £600,
(
b
) in case the offence is an offence under any of these Regulations other than Regulation 14 (2), £1,500.
(3) In proceedings for an offence under these Regulations unless there is sufficient other evidence to raise an issue to the contrary, it shall not be necessary for the prosecutor to prove that the seed potatoes to which the alleged offence relates were not intended for or were not, at the time of the alleged offence, being used for a purpose described in Regulation 3 (a) (ii) of these Regulations or were not of a variety registered in a manner specified in Regulation 6 (1) (a) of these Regulations, and the said seed potatoes shall be treated as having been neither so intended, so used nor of a variety so registered, as may be appropriate.”
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 purposes of giving effect to Council Directive 98/95/EC of 14 December 1998
(1)
and Council Directive 98/96/EC of 14 December 1998
(1)
hereby make the following Regulations