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 Commission Directive 2010/46/EC of 2 July 2010¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Minimum Conditions for Examining Vegetable and Plant Species) (Amendment) Regulations 2010.

2. The European Communities (Minimum Conditions for Examining of Vegetable Species) Regulations 2004 ( S.I. No. 121 of 2004 ) are amended in Regulation 2 by substituting for the definition of "Directive" (as amended by the European Communities (Minimum Conditions for Examining Vegetable and Plant Species) (Amendment) Regulations 2009 ( S.I. No. 518 of 2009 )) the following-

"'Directive' means Commission Directive 2003/91/EC of 6 October 2003 as amended by Commission Directive 2006/127/EC of 7 December 2006, Commission Directive 2009/97/EC of 3 August 2009 and Commission Directive 2010/46/EU of 2 July 2010.".

3. The European Communities (Minimum Conditions for Examining Agriculture Plant Species) Regulations 2004 ( S.I. No. 122 of 2004 ) are amended in Regulation 2 by substituting for the definition of "Directive" (as amended by the European Communities (Minimum Conditions for Examining Vegetable and Plant Species) (Amendment) Regulations 2009 ( S.I. No. 518 of 2009 )) the following-

"'Directive' means Commission Directive No. 2003/90/EC of 6 October 2003 as amended by Commission Directive No. 2009/97/EC of 3 August 2009 and Commission Directive 2010/46/EU of 2 July 2010.".

4. The European Communities (Minimum Conditions for Examining Vegetable and Plant Species) (Amendment) Regulations 2009 ( S.I. No. 518 of 2009 ) is 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 give effect to the provisions of Commission Directive 2010/46/EU of 2 July 2010 which amends Council Directive 2003/90/EC on the Characteristics and Minimum Conditions for Examining Agriculture Plant Species and Council Directive 2003/91/EC on the Minimum Conditions for Examining of Vegetable Species

1 O.J. L169, p. 7, 2010/07/03