The Seed Marketing (Amendment) Regulations (Northern Ireland) 2020

Amendment of the Seed Marketing Regulations (Northern Ireland) 2016 N.I.

2.—(1) The Seed Marketing Regulations (Northern Ireland) 2016 M1 are amended as follows.

(2) After regulation 31, insert—

“Marketing seed under a specific derogation

31A.   The Department acts as the Member State for the purposes of Commission Regulation (EC) No 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination ”.M2

(3) In Schedule 1, in the table, for the sub-heading “Vegetables” until the end substitute—

“Vegetables
Allium cepa L. —Cepa Group	– Onion, Echalion
Allium porrum L. —all varieties	Leek
Apium graveolens L. —Celery Group —Celeriac Group	– – –
Asparagus Officinalis L. —all varieties	Asparagus
Beta vulgaris L. —Garden Beet Group —Leaf Beet Group	– Beetroot including Cheltenham beet Spinach beet or Chard
Brassica oleracea L. —Kale Group —Cauliflower Group —Capitata Group —Brussel Sprouts Group —Kohlrabi Group —Savoy Cabbage Group —Broccoli Group —Palm Kale Group —Tronchuda Group	– – – Red cabbage and White cabbage – – – Calabrese type and Sprouting type – Portuguese cabbage
Brassica rapa L. —Chinese Cabbage Group —Vegetable Turnip Group	– – –
Cichorium endivia L. —all varieties	Endive
Cichorium intybus L. —Leaf Chicory Group	– Large-leaved chicory or Italian chicory
Cucumis melo L. —all varieties	Melon
Cucumis sativus L. —Cucumber Group —Gherkin Group	– – –
Cucurbita maxima Duchesne —all varieties	Gourd
Cucurbita pepo L. —all varieties	Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash)
Daucus carota L. —all varieties	Carrot and Fodder Carrot
Lactuca sativa L. —all varieties	Lettuce
Solanum lycopersicum L. —all varieties	Tomato
Petroselinum crispum (Mill.) Nyman ex A. W. Hill —Leaf Parsley Group —Root Parsley Group	– – –
Phaseolus coccineus L. —all varieties	Runner bean
Phaseolus vulgaris L. —Dwarf French Bean Group —Climbing French Bean Group	– – –
Pisum sativum L. —Round Pea Group —Wrinkled Pea Group —Sugar Pea Group	– – – –
Raphanus sativus L. —Radish Group —Black Radish Group	– – –
Spinacia oleracea L. —all varieties	Spinach
Vicia faba L. —all varieties	Broad bean
Zea mays L. —Sweet Corn Group —Popcorn group	– – –
Any hybrid of the vegetable species or Groups listed above”.

(4) In Schedule 2—

(a) before Part 1 insert—

“Part A1 N.I. Introduction

Interpretation

A1.   In this Schedule—

“EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;

“protected zone quarantine pest” means a pest within the meaning given in Article 32(1) of the EU Plant Health Regulation;

“RNQP” means a regulated non-quarantine pest within the meaning given in Article 36 of the EU Plant Health Regulation;

“Union quarantine pest” means a pest within the meaning given in Article 4 of the EU Plant Health Regulation.”.

(b) for paragraph 13(4) substitute—

“(4) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.

(5) The crop and the seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.”;

(c) in paragraphs 25 and 37, for sub-paragraph (3), in each case, substitute—

“(3) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.

(4) The crop and seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as measures adopted pursuant to Article 30(1) of that Regulation.”;

(d) for paragraph 44(4) substitute—

“(4) The crop and seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.

(4A) The crop and seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as measures adopted pursuant to Article 30(1) of that Regulation.”.

Marginal Citations

M1 S.R. 2016 No. 244, as amended by S.R. 2017 No. 222.

M2 OJ No L38, 9.2.2006, p.17.