S.I. No. 135/2000 - European Communities (Introduction of Organisms Harmful To Plants Or Plant Products) (Prohibition) (Amendment) (No.2) Regulations, 2000.


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 purpose of giving effect to Commission Decision 1999/355/EC of 26 May 1999(1) . Commission Decision 1999/516/EC of 28 July 1999(2) and Commission Directive 2000/23/EC of 27 April 2000(3) , hereby make the following Regulations:

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, 2000.

(2) The collective citation “European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations 1980 to 2000” 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 by the substitution in paragraph (1), in the definition of “the Directive”, for “and Commission Directive 1999/84/EC of 20 October 1999” (inserted by the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) (No. 3) Regulations, 1999 ( S.I. No. 354 of 1999 )) of “, Commission Directive 1999/84/EC of 20 October 1999 and Commission Directive 2000/23/EC of 27 April 2000”.

4. Regulation 11 of the Principal Regulations is hereby amended by the insertion of the following paragraph:

“(2c) (a) A person shall not introduce into the State or move within the State wood, originating in China (except Hong Kong), unless it complies with the conditions of Article 1 of Commission Decision 1999/355/EC of 26 May 1999, as amended by Commission Decision 1999/516/EC of 28 July 1999.

(b) The requirements of this paragraph are in addition to and not in substitution for the requirements of paragraphs (1) and (2) of this Regulation”.

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GIVEN under my Official Seal, this 18th day of May, 2000.

JOE WALSH,

Minister for Agriculture, Food and Rural Development.

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 Commission Decision 1999/355/EC and Commission Decision 1999/516/EC on emergency measures against the dissemination of Anoplophora glabripennis (Motschulsky) as regards China (except Hong Kong). The Regulations also implement the provisions of Commission Directive 2000/23/EC which extends the expiry date for protected zone status in a number of countries in respect of the harmful organism Erwinia amylovora.

(1) O.J.L. 137 of 1.6.1999

(2) O.J.L. 197 of 29.7.1999

(3) O.J.L. 103 of 28.4.2000