European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) Regulations, 1994

• Jurisdiction: Ireland
• Citation: IR SI 161/1994
• Year: 1994

I, JOE WALSH, Minister for Agriculture, Food and Forestry, 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 No. 91/682/EEC of 19 December, 1991(1), Commission Directive 93/49/EEC of 23 June, 1993(2), and Commission Directive 93/63/EEC of 5 July 1993(3), hereby make the following Regulations:

(1)O.J. No. L376/21 of 31/12/1991.

(2)O.J. No. L250/9 of 7/10/1993.

(3)O.J. No. L250/31 of 7/10/1993. 1. (1) These Regulations may be cited as the European Communities (Marketing of Ornamental Plant Propagating Material and Ornamental Plants) Regulations, 1994.

(2) These Regulations shall come into force on the 1st day of June, 1994. 2. (1) In these Regulations—

"the Minister" means the Minister for Agriculture, Food and Forestry;

"authorised person" means a person appointed in writing by the Minister to be an authorised person for the purposes of these Regulations;

"Member State" means a Member State of the European Union;

"the Annex" means the Annex to Council Directive 91/682/EEC of 19 December, 1991(1);

"the Directive" means Council Directive No. 92/682/EEC of 19 December, 1991(1) as supplemented by Commission Directive 93/49/EEC of 23 June, 1993(2) and Commission Directive 93/63/EEC of 5 July, 1993(3);

(1)O.J. No. L376/21 of 31/12/1991.

(2)O.J. No. L250/9 of 7/10/1993.

(3)O.J. No. L250/31 of 7/10/1993.

"third country" means a country or territory which is not a Member State.

(2) A word or expression which is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the meaning in these Regulations which it has in the Directive.

3. (i) The Minister shall be the responsible official authority for the purposes of the Directive and of these Regulations.

(ii) The Minister may appoint a person or body to carry out one or more of the tasks of the responsible official authority. 4. These Regulations apply to—

( a ) ornamental plant propagating material and ornamental plants which pertain to any of the genera or species listed in the Annex,

( b ) rootstock of genera and species not listed in the Annex, onto which material of genera or species so listed has been grafted. 5. Notwithstanding Regulation 4 of these Regulations, and without prejudice to the provisions of the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) Regulations, 1980 to 1994, these Regulations shall not apply to any propagating material or plants referred to in the said Regulation 4, which have been shown to the satisfaction of the Minister to be intended to be exported to a third country which are properly identified as such and which have been kept...