S.I. No 219 of 2003

European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations 2003

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 , for the purpose of giving effect to Council Directive 2000/29/EC of 8 May 2000,¹ as amended by Commission Directive 2001/32/EC of 8 May 2001² , Commission Directive 2002/36/EC of 29 April 2002³ , Commission Directive 2003/21/EC of 24 March 2003⁴ and Commission Directive 2003/22 of 24 March 2003⁵ , hereby make the following regulations-

1.   These Regulations may be cited as the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations 2003.

2.   The European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations 1980 ( S.I. No. 125 of 1980 ) are amended, in Article 2 (1), by the substitution for the definition of “the Directive” of-

“ ‘Directive’ means Council Directive 77/93/EEC of 21 December 1976, Council Directive 80/392/EEC of 18 March 1980, Council Directive 80/393/EEC of 18 March 1980, Council Directive 81/7/EEC of 1 January 1981, Council Directive 84/378/EEC of 28 June 1984, Council Directive 85/173/EEC of 28 February 1985, Council Directive 85/574EEC of 19 December 1985, Commission Directive 86/545/EEC of 29 October 1986, Commission Directive 86/546/EEC of 29 October 1986, Commission Directive 86/547/EEC of 29 October 1986, Council Directive 86/651/EEC of 18 December 1986, Council Directive 87/298/EEC of 2 March 1987, Commission Directive 88/271/EEC of 5 April 1988, Commission Directive 89/83/EEC of 5 January 1989, Commission Directive 88/272/EEC of 8 April 1988, Commission Directive 88/430/EEC of 1 July 1988, Council Directive 88/572/EEC of 14 November 1988, Council Directive 89/439/EEC of 26 June 1989, Council Directive 90/168/EEC of 26 March 1990, Commission Directive 90/490/EEC of 25 September 1990, Commission Directive 90/506/EEC of 26 September 1990, Commission Directive 90/80/EEC of 19 February 1990, Commission Directive 90/113/EEC of 19 February 1990, Commission Directive 91/27 of 19 December 1990, Commission Directive 91/102/EEC of 18 February 1991, Commission Directive 91/103/EEC of 18 February 1991, Commission Directive 91/660/EEC of 6 December 1991, Commission Directive 91/661/EEC of 6 December 1991, Commission Directive 92/10/EEC of 19 February 1992, Council Directive No. 91/683/EEC of 19 December 1991, Commission Directive No. 92/70/EEC of 30 July 1992, Commission Directive No. 92/76/EEC of 6 October 1992, Commission Directive No. 92/90/EEC of 3 November 1992, Council Directive No. 92/98/EEC of 16 November 1992, Commission Directive No. 92/103/EEC of 1 December 1992, Commission Directive No. 92/105/EEC of 3 December 1992, Council Directive No. 93/19/EEC of 19 April 1993, Commission Directive No. 93/50/EEC of 24 June 1993 and Commission Directive No. 93/51/EEC of 24 June 1993, Commission Directive No. 93/106/EC of 29 November, 1993, Commission Directive No. 93/110/EC of 9 December, 1993, Commission Directive No. 94/3/EC of 21 January, 1994, Council Directive 94/13/EC of 29 March 1994, Commission Directive 94/61/EC of 15 December 1994, Commission Directive 95/4/EC of 21 February 1995, Commission Directive 95/40/EC of 19 July 1995, Commission Directive 95/41/EC of 19 July 1995, Commission Directive 95/65/EC of 14 December 1995, Commission Directive 95/66/EC of 14 December 1995, Commission Directive 96/14/EC of 12 March 1996, Commission Directive 96/15/EC of 14 March 1996, Commission Directive 96/76/EC of 29 November 1996 and Commission Directive 96/78/EC of 6 December 1996, Commission Directive 97/14/EC of 21 March 1997, Council Directive 97/3/EC of 20 January 1997, Commission Directive 98/1/EC of 8 January 1998, Commission Directive 98/2/EC of 8 January 1998, Commission Directive 98/17/EC of 11 March 1998, Commission Directive 98/22/EC of 15 April 1998, Commission Directive 98/100/EC of 21 December 1998, Council Directive 98/57/EC of 20 July 1998, Commission Directive 1999/53/EC of 26 May 1999, Commission Directive 1999/84/EC of 20 October 1999 and Commission Directive 2000/23/EC of 27 April 2000;”

3.         A reference in the definition of the Directive in the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations 1980 ( S.I. No. 125 of 1980 ) (inserted by Regulation 2 of these Regulations) to a Directive repealed by Article 27 of Council Directive 2000/29/EC of 8 May 2000 shall be construed as a reference to Council Directive 2000/29/EC of 8 May 2000 as amended by Commission Directive 2001/32/EC of 8 May 2001, Commission Directive 2002/36/EC of 29 April 2002, Commission Directive 2003/21/EC of 24 March 2003 and Commission 2003/22/EC of 24 March 2003) and should be read in accordance with the correlation table set out in Annex IX of Council Directive 2000/29/EC of 8 May 2000.

4.         Regulation 3 of these Regulations, in so far as it relates to Commission Directive 2002/36/EC of 29 April 2002, comes into operation on 1 April 2003.

EXPLANATORY NOTE

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

These Regulations give effect to Council Directive 2000/29/EC, as amended, on protection measures against the introduction of organisms harmful to plants and plant products and to prevent the spread of harmful organisms.

Published by the Stationary Office, Dublin

¹ O.J. No. L 169 of 10.7.2000, p. 1

² O.J. No. l. 127 of 9.5.2001, p. 38

³ O.J. No. L 116 of 3.5.2002, p.16.

⁴ O.J. No. L 78 of 25.3.2003, p.8

⁵ O.J. No. L 78 of 25.3.2003, p.10