Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st October, 2023.

I, CHARLIE MCCONALOGUE, 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 Directive (EU) 2023/1438 of 10^th July 2023¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Minimum Conditions for Examining Agriculture Plant Species) (Amendment) (No.2) Regulations 2023.

2. The European Communities (Minimum Conditions for Examining Agriculture Plant Species) Regulations 2004 ( S.I. No. 122 of 2004 ) are amended by substituting in Regulation 2 for the definition of “Directive” (as amended by the European Communities (Minimum Conditions for Examining Agriculture Plant Species) (Amendment) (No.2) Regulations 2023 ( S.I. No. 285 of 2023 ) the following-

“‘Directive’ means Commission Directive No. 2003/90/EC of 6 October 2003² as amended by Commission Implementing Directive (EU) 2023/1438 of 10^th July 2023;”.

3. The European Communities (Minimum Conditions for Examining Agriculture Plant Species) (Amendment) Regulations 2023 ( S.I. No. 285 of 2023 ) are revoked.

GIVEN under my Official Seal,

19 October, 2023.

CHARLIE MCCONALOGUE,

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.)

These Regulations give effect to the provisions of Commission Implementing Directive (EU) 2023/1438 of 10 July 2023 which amends Council Directive 2003/90/EC which provides for CPVO and UPOV updated protocols, in particular as regards hemp, garlic, kohlrabi, leaf chicory, watermelon and turnip.

1 O.J. No. L 176, 11.07.2023, p.17

2 O.J. No. L 254, 08.10.2003, p.7