The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

The Seed Potatoes Regulations (Northern Ireland) 2016

8.  In regulation 2—

(a) in the definition of “basic seed potatoes”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, seed potatoes imported into Northern Ireland in a package or container to which has been affixed an official label, stating that the potatoes were certified as basic seed potatoes and the grade, in accordance with—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to paragraphs 1(1), (2), (3), 2 and 3 of Schedule 2;

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) of Council Directive 2002/56/EC;”;

(b) in the definition of “category”, omit “in accordance with the Swiss trade agreement”;

(c) in the definition of “certification”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, certification by the certification authority, in accordance with—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 10(2), (3) and (5);

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) of Council Directive 2002/56/EC;

and “certified” is to be construed accordingly;”;

(d) in the definition of “certification authority”, omit “for the purposes of Council Directive 2002/56/EC”;

(e) after the definition of “Council Directive 2002/53/EC”, insert—

““Crown Dependency” means the Isle of Man and any of the Channel Islands;”;

(f) after the definition for “Directive 2014/20/EU”, insert—

““equivalent Union grade” means—

(a)

for “UK grade PBTC”, “Union grade PBTC”;

(b)

for “UK grade PB”, “Union grade PB”;

(c)

for “UK grade S”, “Union grade S”;

(d)

for “UK grade SE”, “Union grade SE”;

(e)

for “UK grade E”, “Union grade E”;”;

(g) after the definition of “genetically modified”, insert—

“”the GMO regulations” means—

(a)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003(1);

(b)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002(2);

(c)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations(3);

(d)

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations(4);”;

(h) in the definition “grade”, after “includes”, insert “the UK grade and the”;

(i) in the definition of “official document”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, a document issued or approved by the certification authority in the country or territory where the seed potatoes were produced which meets the requirements of—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to Part 2 of Schedule 2;

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(b) of Council Directive 2002/56/EC;”;

(j) in the definition of “official label”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, a label issued or approved by the certification authority in the country or territory where the seed potatoes were produced which meets the requirements of—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 11 and Part 1 of Schedule 2;

(iv) in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) or 18(f), as appropriate to the seed potatoes to which the label relates, of Council Directive 2002/56/EC, or Article 9 of Commission Decision 2004/842/EC;”;

(k) in the definition of “pre-basic seed potatoes”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, seed potatoes imported into Northern Ireland in a package or container to which has been affixed an official label, stating that the seed potatoes were certified as pre-basic seed potatoes and the grade, in accordance with—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to paragraphs 1(1), (2), (4), 2 and 3 of Schedule 2;

(iv) in the case of seed potatoes produced in a member State or Switzerland, Article 18(f) of Council Directive 2002/56/EC;”;

(l) in the definition of “seed potatoes produced outside Northern Ireland”—

(i) in sub-paragraph (a), omit “and the Republic of Ireland”;

(ii) in sub-paragraph (b), omit “other than the United Kingdom”;

(m) after the definition of “seed potatoes produced outside Northern Ireland”, insert—

““the relevant seed potatoes regulations” means—

(a)

in the case of Scotland, the Seed Potatoes (Scotland) Regulations 2015(5);

(b)

in the case of Wales, the Seed Potatoes (Wales) Regulations 2016(6);

(c)

in the case of England, the Seed Potatoes (England) Regulations 2015(7);”;

(n) in the definition for “test and trial seed potatoes”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, seed potatoes imported into Northern Ireland in a package or container which bears an official label in accordance with—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 13 and paragraphs 1(1), (2), (5) and 2 of Schedule 2;

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 9 of Commission Decision 2004/842/EC;”;

(o) for the definition of “Union grade”, substitute—

““Union grade” means, in relation to seed potatoes produced in a member State or Switzerland—

(a)

in the case of pre-basic seed potatoes, either “Union grade PBTC” or “Union grade PB”, the minimum conditions for which are set out in Articles 2 and 3 of, and the Annex to, Commission Implementing Directive 2014/21/EU of 6 February 2014 determining minimum conditions and Union grades for pre-basic seed potatoes(8);

(b)

in the case of basic seed potatoes, either “Union grade S”, “Union grade SE” or “Union grade E”, the minimum conditions for which are set out in Article 1 of, and Annex I to, Directive 2014/20/EU;”;

(p) after the definition “Union grade”, insert—

““UK grade” means—

(a)

in relation to seed potatoes produced in Northern Ireland, the United Kingdom grade determined in respect of those potatoes under Schedule 4;

(b)

in relation to seed potatoes produced elsewhere in the United Kingdom, the UK grade determined in accordance with the relevant seed potatoes regulations;”;

(q) omit paragraphs (3) and (4).

(1)

S.R. 2003 No. 167.

(2)

S.I. 2002/2443.

(3)

S.I. 2002/3188.

(4)

S.I. 2002/541.

(5)

S.S.I. 2015/395.

(6)

S.I. 2016/106.

(7)

S.I. 2015/1953.

(8)

O.J. No. L 38, 07.02.2014, p.39.