S.I. No. 104/1976 - European Communities (Carnation Leaf-Rollers) Regulations, 1976.

S.I. No. 104 of 1976.

EUROPEAN COMMUNITIES (CARNATION LEAF-ROLLERS) REGULATIONS, 1976.

I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 3 (2) of the European Communities Act, 1972 (No. 27 of 1972), hereby, for the purpose of giving effect to Council Directive No. 74/674/EEC*, make the following regulations:

1. These Regulations may be cited as the European Communities (Carnation Leaf-rollers) Regulations, 1976.

2. These Regulations shall come into operation on the 15th May, 1976.

3. (1) In these Regulations—

"authorised officer" means a person appointed by the Minister for Agriculture and Fisheries to be an authorised officer for the purposes of the Council Directive and these Regulations;

"carnation" means a plant or part of a plant (including a slip, cutting or cut flower) of the carnation—Dianthus L;

"the Council Directive" means Council Directive No. 74/674/EEC;

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.

4. (1) A person shall not put carnations (Dianthus L) into circulation if they are contaminated by carnation leaf-rollers.

(2) This Regulation does not apply to the putting into circulation between the 16th day of October and the 30th day of April in any year of cut carnation flowers slightly contaminated by carnation leaf-rollers.

5. A person who has carnation cultures that are contaminated by carnation leaf-rollers and who intends to put carnations obtained from them into circulation shall treat the cultures in such a way that the carnations obtained from them are no longer contaminated at the time when they are put into circulation.

*O.J. No. L 352 of 28/12/1974.

6. A person shall not hold carnation leaf-rollers.

7. (1) These Regulations do not apply in relation to an act or omission done or made for scientific purposes, tests or selection work, authorised by the Minister for Agriculture and Fisheries.

(2) The Minister for Agriculture and Fisheries shall not grant an authorisation under this Regulation unless he is satisfied that adequate controls guarantee that it does not prejudice the control of carnation leaf-rollers and that it creates no risk of the spread of those organisms.

8. (1) A person who contravenes Regulation 4, 5 or 6 of these Regulations shall be guilty of an offence and shall be liable on summary conviction—

( a ) in respect of a first offence under this Regulation by the person, to a fine not exceeding £50, and

( b ) in respect of a second or subsequent offence under this Regulation by the person, to a fine not exceeding £100.

9. (1) An authorised officer may, for the purposes of the Council Directive and these Regulations, at all reasonable times enter a premises or place if he has reasonable grounds for believing that carnations or carnation cultures are grown or stored there and may inspect and take samples of any carnations or carnation cultures found there.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by the Council Directive or these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

GIVEN under my Official Seal, this 12th day of May, 1976.

MARK CLINTON,

Minister for Agriculture and

Fisheries.

EXPLANATORY NOTE.

The Regulations lay down measures to prevent the spread of carnation leaf-rollers, pests which attack carnation plants, and give powers to the Minister for Agriculture and Fisheries for this purpose.