2019 No. 41
The Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019
Made
Coming into operation
The Department of Agriculture, Environment and Rural Affairs M1, in exercise of the powers conferred by section 2(2) of and paragraph 1A of Schedule 2 to the European Communities Act 1972 M2, makes the following Regulations.
These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Department that it is expedient for references to the instruments specified in regulations 2 to 7 to be construed as references to those instruments as amended from time to time.
The Department of Agriculture, Environment and Rural Affairs is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union M3.
1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) (the 2006 Act) and by Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (c. 7) (the 2008 Act). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and by Part 1 of Schedule 1 to the 2008 Act.
PART 1Introduction
Citation, commencement and interpretation1
1
These Regulations may be cited as the Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 and come into operation on 28th March 2019.
2
The Interpretation Act (Northern Ireland) 1954 M4 applies to these Regulations as it applies to an Act of the Assembly.
PART 2Amendment of the Seed Potatoes Regulations
Amendment of the Seed Potatoes Regulations (Northern Ireland) 20162
1
The Seed Potatoes Regulations (Northern Ireland) 2016 M5 are amended as follows.
2
In regulation 2(1) (interpretation general), in the definition of—
a
“Commission Decision 2004/842/EC” at the end insert “
as amended from time to time
”
;
b
“Commission Directive 2008/62/EC” at the end insert “
as amended from time to time
”
;
c
“Council Directive 2002/53/EC” at the end insert “
as amended from time to time
”
;
d
“Council Directive 2002/56/EC” at the end insert “
as amended from time to time
”
;
e
“Directive 2001/18/EC” at the end insert “
as last amended by Commission Directive (EU) 2018/350 M6
”
;
f
“Directive 2014/20/EU” at the end insert “
as amended from time to time
”
;
g
“Regulation 1829/2003” at the end insert “
as amended from time to time
”
.
PART 3Amendment of the Marketing of Plant Material Regulations
The Marketing of Vegetable Plant Material Regulations (Northern Ireland) 19953
1
The Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995 M7 are amended as follows.
2
In regulation 2(2) (interpretation)—
a
omit the definition of “Directive 92/33/EEC”;
b
in the definition of “Directive 93/61/EEC” for “Directive 92/33/EEC” substitute “
Directive 2008/72/EC
”
;
c
after the definition of “Directive 93/61/EEC”, insert—
“Directive 2008/72/EC” means Council Directive 2008/72/EC of 15th July 2008 M8 on the marketing of vegetable propagating and planting material, other than seed, as amended from time to time;
3
In regulation 3(1)(a), for “Directive 93/33/EEC” substitute “
Directive 2008/72/EC
”
.
4
In regulation 5(d)(ii), for “Directive 92/33/EEC” substitute “
Directive 2008/72/EC
”
.
The Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 19994
1
The Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999 M9 are amended as follows.
2
In regulation 2(2) (interpretation)—
a
omit the definition of “Directive 77/93/EEC”;
b
in the definition of “Directive 98/56/EC” at the end insert “
as amended from time to time
”
;
c
after the definition of “Directive 98/56/EC” insert—
“Directive 2000/29/EC” means Council Directive 2000/29/ECM10 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and their spread within the Community;
d
in the definition of “Regulation 2100/94” at the end insert “
as amended from time to time
”
.
3
In regulation 9(2), for “Council Directive 77/93/EC” substitute “
Directive 2000/29/EC
”
.
The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 20175
1
The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 M11 are amended as follows.
2
In regulation 3(1) (interpretation: European Union instruments), in the definition of—
a
“Directive 2000/29/EC” at the end insert “
as amended from time to time
”
;
b
“Directive 2014/96/EU” at the end insert “
as amended from time to time
”
;
c
“Directive 2014/97/EU” at the end insert “
as amended from time to time
”
;
d
“Directive 2014/98/EU” at the end insert “
as amended from time to time
”
;
e
“the Directive” at the end insert “
as amended from time to time
”
.
3
In Schedule 3, paragraph 11 (interpretation), in the definition of—
a
“Directive 2001/18/EC” at the end insert “
as amended from time to time
”
;
b
“Regulation (EC) No 1829/2003” at the end insert “
as amended from time to time
”
.
PART 4Amendment of the Plant Health (Wood and Bark) Order (Northern Ireland) 2006
The Plant Health (Wood and Bark) Order (Northern Ireland) 2006F16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 5Amendment of the Plant Health Order (Northern Ireland) 2018
The Plant Health Order (Northern Ireland) 2018F27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 6th March 2019.
Formerly the Department of Agriculture and Rural Development (DARD) (see Article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I.1). DARD was renamed the Department of Agriculture, Environment and Rural Affairs by Article 1(2) of the Departments Act (Northern Ireland) 2016 (2016 c.5 (N.I.))