S.I. No. 282/2023 - European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants)(Amendment) Regulations 2023


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th June, 2023.

I, CHARLIE MCCONALOGUE, 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) 2022/2438 of 12 December 20221 , 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 2023.

2. The European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) Regulations 1994 ( S.I. No. 161 of 1994 ) are amended in Regulation 2(1) by substituting for 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 , Commission Implementing Directive (EU) 2018/484 of 21 March 20184 , Commission Implementing Directive (EU) 2020/177 of 11 February 20205 and Commission Implementing Directive (EU) 2022/2438 of 12 December 2022), Council Directive 98/56/EC of 20 July 19986 (as amended by Council Directive 2003/61/EC of 18 June 20037 and Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 20148 ), Commission Directive 1999/66/EC of 28 June 19999 and Commission Directive 1999/68/EC of 28 June 199910 ;”.

3. The European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) (Amendment) Regulations 2020 ( S.I. No. 208 of 2020 ) are revoked.

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GIVEN under my Official Seal,

1 June, 2023.

CHARLIE MCCONALOGUE,

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. L 319 of 13.12.2022, p.54

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. L81 of 23.03.2018, p.10

5 O.J. No. L41 of 13.02.2020, p.1

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

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

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

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

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