S.I. No. 387/2018 - European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) (Amendment) Regulations 2018


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th October, 2018.

I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving effect to Commission Implementing Directive (EU) 2018/484 of 21 March 20181 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) (Amendment) Regulations 2018.

2. The European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) Regulations 1994 ( S.I. No. 161 of 1994 ) are amended-

(a) in Regulation 2(1) by substituting for—

(i) the definition of “Directive”, the following—

“ ‘Directive’ means Commission Directive 93/49/EEC of 23 June 19932 (as amended by Commission Directive 1999/67/EC of 28 June 19993 and Commission Implementing Directive (EU) 2018/484 of 21 March 2018), Council Directive 98/56/EC of 20 July 19984 (as amended by Council Directive 2003/61/EC of 18 June 20035 and Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 20146 ), Commission Directive 1999/66/EC of 28 June 19997 and Commission Directive 1999/68/EC of 28 June 19998 ;”, and

(ii) the definition of “the Minister”, the following—

“ ‘Minister’ means Minister for Agriculture, Food and the Marine;”, and

(b) in Regulation 6(1) by substituting for “3,” “3, 3a,”.

3. The European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) (Amendment) Regulations 1994 ( S.I. No. 199 of 1994 ) are revoked.

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Given under my Official Seal,

27 September 2018.

MICHAEL CREED,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations update existing Legislation with regard to the minimum quality standards and controls on the marketing within the European Union of ornamental plants and propagating material

1 O.J. No. L81 of 23.03.2018, p.10

2 O.J. No. L 250 of 07.10.1993, p.9

3 O.J. No. L164 of 30.06.1999, p.78

4 O.J. No. L226 of 13.08.1998, p.16

5 O.J. No. L165 of 03.07.2003, p.23

6 O.J. No. L189 of 27.06.2014, p.1

7 O.J. No. L164 of 30.06.1999, p.76

8 O.J. No. L172 of 08.07.1999, p.42