Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th October, 2018.

I, Michael Creed, 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) 2018/490 of 21 March 2018¹ , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No.5) Regulations 2018.

(2) These Regulations come into operation on 1 October 2018.

2. The European Communities (Control of Organisms Harmful to Plants and Plant Products) Regulations 2004 ( S.I. No. 894 of 2004 ) are amended by deleting Regulation 2(3)(b)(ii) (inserted by the European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) Regulations 2011 ( S.I. No. 313 of 2011 )).

3. The European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) Regulations 2011 ( S.I. No. 313 of 2011 ) are revoked.

Given under my Official Seal,

27 September 2018.

MICHAEL CREED,

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)

Rhynchophorus ferrugineus (Olivier) causes severe damage to plants of host species belonging to the Palmae family. Despite the measures set out by the Commission Decision 2007/365/EC to prevent the introduction into and spread within the Union of Rhynchophorus ferrugineus (Olivier), it is not feasible to prevent its further introduction into and spread within most of the Union territory. The European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) Regulations 2011 ( S.I. No. 313 of 2011 ) should therefore be repealed.

1 OJ L 81, 23.3.2018, p. 22