S.I. No. 30/2009 - European Communities (Organic Farming) (Amendment) Regulations 2009


S.I. No. 30 of 2009

EUROPEAN COMMUNITIES (ORGANIC FARMING) (AMENDMENT) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th February, 2009.

I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, 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 full effect to Council Regulation (EC) No. 834/2007 of 28 June 2007 1 and Commission Regulation (EC) No. 889/2008 of 5 September 2008 2 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Organic Farming) (Amendment) Regulations 2009.

2. (1) A reference in the European Communities (Organic Farming) Regulations 2004 ( S.I. No. 112 of 2004 ) or in an instrument issued under a power granted by those Regulations to an act of the institutions of the European Communities repealed by—

(a) Article 39 of Council Regulation (EC) No. 834/2007 of 28 June 2007 (“Council Regulation”), or

(b) Article 96 of Commission Regulation (EC) No. 889/2008 of 5 September 2008 (“Commission Regulation”),

or to a provision of the act is construed and has effect as if the reference is a reference to

(i) the Council Regulation or to the equivalent provision of the Council Regulation, or

(ii) the Commission Regulation or the equivalent provision of the Commission Regulation,

and is to be read in accordance with the correlation table in Annex XIV to the Commission Regulation.

(2) A word or expression that is used in the Council Regulation or in Commission Regulation (EC) No. 889/2008 of 5 September 2008 and is also used in the Regulations or an instrument to which paragraph (1) refers has, in those Regulations or that instrument, the same meaning as it has in the Council Regulation or in Commission Regulation (EC) No. 889/2008 of 5 September 2008.

(3) Nothing in these Regulations purports to create a criminal offence, or to revive criminal proceedings in respect of an event that occurred before the making of these Regulations.

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GIVEN under my Official Seal,

26 January 2009

BRENDAN SMITH.

Minister for Agriculture, Fisheries and Food.

EXPLANATORY NOTE

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

These regulations give legal effect to Council Regulation (EC) No. 834/2007 on controls on the production and labelling of organic products.

1 O.J. L 189 of 20.7.2007, p. 1.

2 O.J. L 250 of 18.9.2008, p. 1.