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 Decision (EU) 2022/1933 of 12 October 2022¹ and Commission Implementing Directive (EU) 2022/2438 of 12 December 2022² , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Marketing of Fruit Plant Propagating Material) (Amendment) Regulations 2023.

2. The European Communities (Marketing of Fruit Plant Propagating Material) Regulations 2011 ( S.I. No. 384 of 2011 ) are amended in Regulation 2(1) by substituting for the definition of “Directive”, the following –

“‘Directive’ means Council Directive 2008/90/EC of 29 September 2008³ (as amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014⁴ , Commission Implementing Decision (EU) 2016/159 of 4 February 2016⁵ , Commission Implementing Decision (EU) 2016/1887 of 24 October 2016⁶ , Commission Implementing Decision (EU) 2019/120 of 24 January 2019⁷ and Commission Implementing Decision (EU) 2022/1933 of 12 October 2022),Commission Implementing Directive 2014/96/EU of 15 October 2014⁸ (as amended by Commission Implementing Directive (EU) 2019/1813 of 29 October 2019⁹ ), Commission Implementing Directive 2014/97/EU of 15 October 2014¹⁰ and Commission Implementing Directive 2014/98/EU of 15 October 2014¹¹ (as amended by Commission Directive (EU) 2020/177 of 11 February 2020 and Commission Implementing Directive (EU) 2022/2438 of 12 December 2022);”.

3. The European Communities (Marketing of Fruit Plant Propagating Material (Amendment) Regulations 2020 ( S.I. No. 199 of 2020 ) are revoked.

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 fruit plant propagating material and fruit plants intended for fruit production.

1 OJ L 266 13.10.2022, p.19

2 OJ L 319 13.12.2022, p.54

3 OJ L 267 08.10.2008, p.8

4 OJ L 189, 27.6.2014, p.1

5 OJ L 31, 6.2.2016, p.51

6 OJ L 291, 26.10.2016, p.15

7 OJ L24, 28.01.2019, p. 26

8 OJ L 298, 16.10.2014, p.12

9 OJ L 278, 30.10.2019, p.7

10 OJ L 298, 16.10.2014, p.16

11 OJ L298, 16.10.2014, p.22