S.I. No. 201/1999 - European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) (Amendment) Regulations, 1999

I, JOE WALSH, Minister for Agriculture and Food, 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 Council Directive 98/56/EC of 20 July 1998⁽¹⁾ hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) (Amendment) Regulations, 1999.

(2) The European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) Regulations 1994 and these Regulations may be cited together as the European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) Regulations 1994 to 1999.

2. In these Regulations “the Principal Regulations” means the European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) Regulations, 1994 ( S.I. No. 161 of 1994 ).

3. Regulation 2 of the Principal Regulations is hereby amended:—

(1) by the substitution in paragraph (1) in the definition of “the Directive” for “and Commission Directive 93/78/EC of 21 September 1993” (inserted by the European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) (Amendment) Regulations, 1994 ( S.I. No. 199 of 1994 )) of “, Commission Directive 93/78/EC of 21 September 1993 and Council Directive 98/56/EC of 20 July 1998” and

(2) by the entry of the additional definitions as follows:—

“Propagating material” means plant material intended for the propagation of ornamental plants, or, the production of ornamental plants; however, in the case of production from complete plants, this definition applies only to the extent that the resulting ornamental plant is intended for further marketing.

“Propagation” means reproduction by vegetative or other means.

4. Regulation 4 of the Principal Regulations is hereby amended by substitution with:—

“4. These Regulations apply to ornamental plant propagating material”.

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 Council Directive 98/56/EC which recasts the basic directive on the marketing of ornamental plant propagating material.

⁽¹⁾ O.J. L.226 of 13.8.98.