Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 12th November, 2010.

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 effect to Council Directive 2009/143/EC of 26 November 2009¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No. 2) Regulations 2010.

2. The European Communities (Control of Organisms Harmful to Plants and Plant Products) Regulations 2004 ( S.I. No. 894 of 2004 ) are amended in Regulation 2(1) by substituting for the definition of "Council Directive" (inserted by the European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) Regulations 2010 ( S.I. No. 39 of 2010 )), the following-

"'Council Directive' means Council Directive 2000/29 EC of 8 May 2000 as amended by Commission Directive 2001/33/EC of 8 May 2001, Commission Directive 2002/28/EC of 19 March 2002, Commission Directive 2002/36/EC of 29 April 2002, Council Directive 2002/89/EC of 28 November 2002, Commission Directive 2003/22/EC of 24 March 2003, Commission Directive 2003/47/EC of 4 June 2003, Commission Directive 2003/116/EC of 4 December 2003, Commission Directive 2004/31/EC of 17 March 2004, Commission Directive 2004/70/EC of 28 April 2004, Commission Directive 2004/102/EC of 5 October 2004, Commission Directive 2004/103/EC of 7 October 2004, Commission Directive 2004/105/EC of 15 October 2004, Commission Directive 2005/77/EC of 11 November 2005, Commission Directive 2006/35/EC of 24 March 2006, Commission Directive 2006/14/EC of 6 February 2006, Commission Directive 2005/16/EC of 2 March 2005, Commission Directive 2007/41/EC of 28 June 2007, Commission Directive 2008/61/EC of 17 June 2008, Commission Directive 2008/64/EC of 27 June 2008, Commission Directive 2008/109/EC of 28 November 2008, Commission Directive 2009/7/EC of 10 February 2009, Commission Directive 2009/118/EC of 9 September 2009, Commission Directive 2010/1/EU of 8 January 2010 and Council Directive 2009/143/EC of 26 November 2009;".

3. The European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) Regulations 2010 ( S.I. No. 39 of 2010 ) are revoked.

Given under my Official Seal,

4 November 2010.

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 amend Directive 2000/29/EC of 8 May 2000 as regards the delegation of certain functions including tasks of laboratory testing.

1 O.J. No. L318 of 04.12.2009, p.23