The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (revoked)

PART 1 N.I. GENERAL

Citation and Commencement N.I.

1.  These Regulations may be cited as the Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 and come into operation on 31st December 2014.

PART 2 N.I. AMENDMENT OF THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS (NORTHERN IRELAND) 2009

Amendment of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 N.I.

2.  In regulation 2(1) (general interpretation) of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 M1 , for the definition of “the Seed Marketing Directives” substitute—

““the Seed Marketing Directives” means—

(a)

Council Directive 2002/54/EC M2 on the marketing of beet seed;

(b)

Council Directive 66/402/EEC M3 on the marketing of cereal seed;

(c)

Council Directive 66/401/EEC M4 on the marketing of fodder plant seed;

(d)

Council Directive 2002/57/EC M5 on the marketing of oil and fibre plant seed; and

(e)

Council Directive 2002/55/EC M6 on the marketing of vegetable seed,

as amended from time to time;”

Marginal Citations

M1 S.R. 2009 No.388

M2 OJ No L 193, 20.7.2002, p. 12, as last amended by Council Directive 2004/117/EC (OJ No L 14, 18.1.2005, p. 18).

M3 OJ No L 125, 11.7.1966, p. 2309, as last amended by Commission Implementing Directive 2012/37/EU (OJ No L 325, 23.11.2012, p. 13).

M4 OJ No L 125, 11.7.1966, p. 2298, as last amended by Commission Implementing Directive 2012/37/EU (OJ No L 325, 23.11.2012, p. 13).

M5 OJ No L 193, 20.7.2002, as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p. 40).

M6 OJ No L 193, 20.7.2002, as last amended by Commission Implementing Directive 2013/45/EU (OJ No L 213, 8.8.2013, p.20).

PART 3 N.I. AMENDMENT OF THE FODDER PLANT SEEDS REGULATIONS (NORTHERN IRELAND) 2009

Amendment of the Fodder Plant Seeds Regulations (Northern Ireland) 2009 N.I.

3.  The Fodder Plant Seeds Regulations (Northern Ireland) 2009 M7 are amended in accordance with regulations 4 to 7.

Marginal Citations

M7 S.R. 2009 No. 385 as amended by S.R 2011 No. 397 and S.R. 2013 No. 304.

4.  In regulation 2(1) (general interpretation)—

(a) in the definition “another Member State” after “United Kingdom” insert “ , and Switzerland ”;

(b) in the definition “the Common Catalogue Directive” for “as last amended by the Food and Feed Regulation” substitute “ as amended from time to time ”;

(c) in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “ as amended from time to time ”;

(d) in the definition “EEA State” for “Communities” substitute “ European Union ”;

(e) in the definition “equivalent third country” delete “Croatia,”;

(f) in the definition “the Fodder Plant Seed Directive” after “the marketing of fodder plant seed” insert “ as amended from time to time ”; and

(g) for the definition “member State” substitute “ “member State” means any EEA State and Switzerland; ”.

5.  In regulation 29(2) for “the Department by” substitute “ thereby ”.

6.  In Schedule 1 in paragraphs 2(2)(a) and (b), 6(2)(a) and (b), 10(2)(a) and (b), 14(2)(a) and (b), 16(2)(a) and (b), 20(2)(a) and (b), 24(2)(a) and (b), 28(2)(a) and (b), 32(2)(a) and (b), 36(2)(a) and (b), 40(2)(a) and (b), 44(2)(a) and (b), 48(2) and 50(2) after “on behalf of” insert “ the Department, ”.

7.  In Schedule 8 in paragraphs 9(a), 18(a) and 47(1)(a) for “EC” substitute “ EU ”.

PART 4 N.I. AMENDMENT OF THE OIL AND FIBRE PLANT SEEDS REGULATIONS (NORTHERN IRELAND) 2009

Amendment of the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 2009 N.I.

8.  The Oil and Fibre Plant Seeds Regulations (Northern Ireland) 2009 M8 are amended in accordance with regulations 9 to 13.

Marginal Citations

M8 S.R. 2009 No. 386.

9.  In regulation 2(1) (general interpretation) the following definitions are to be amended—

(a) in the definition “another Member State” after “United Kingdom” insert “ , and Switzerland ”;

(b) in the definition “the Common Catalogue Directive” for “as last amended by the Food and Feed Regulation” substitute “ as amended from time to time ”;

(c) in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “ as amended from time to time ”;

(d) in the definition “EEA State” for “Communities” substitute “ European Union ”;

(e) in the definition “equivalent third country” delete “Croatia,”;

(f) for the definition “Member State” substitute “ “member State” means any EEA State and Switzerland; ”; and

(g) in the definition “the Oil and Fibre Plant Seed Directive” for “as last amended by Commission Directive 2007/72/EC” substitute “ as amended from time to time ”.

10.  In Schedule 1 in paragraphs 2(2)(a) and (b), 6(2)(a), 8(2)(a) and (b), 12(2)(a) and (b), 16(2)(a) and (b), 20(2)(a) and (b), 22(2)(a) and (b), 26(2)(a) and (b), 30(2)(a) and (b), 34(2)(a) and (b), 38(2)(a) and (b), 42(2)(a) and (b), 46(2)(a) and (b), 50(2)(a) and (b), 54(2)(a) and (b), 58(2)(a) and (b) and 62(2) after “on behalf of” insert “ the Department, ”.

11.  In Schedule 4—

(a) in paragraph 7(1), in column 2 of the table—

(i) for the entry “Linseed–basic, C1, C2 and C3 seed” insert “ 99 ”;

(ii) for the entry “Soya bean–basic, C1, C2 and C3 seed” insert “ 98 ”; and

(iii) for the entry “Sunflower–basic, C1, C2 and C3 seed” insert “ 98 ”.

(b) In paragraph 9(2) for “falx” substitute “ flax and linseed ”.

12.  In Schedule 7, in column 2 of the table for the entry “Soya bean” for “25” substitute “ 30 ”.

13.  In Schedule 8, in paragraphs 8(a), 13(b)(i), 16(a), 21(b)(i), 24(a) and 39(1)(a) for “EC” substitute “ EU ”.

PART 5 N.I. AMENDMENTS TO THE VEGETABLE SEEDS REGULATIONS (NORTHERN IRELAND) 2009

Amendments to the Vegetable Seeds Regulations (Northern Ireland) 2009 N.I.

14.  The Vegetable Seeds Regulations (Northern Ireland) 2009 M9 are amended in accordance with regulations 15 to 17

Marginal Citations

M9 S.R. 2009 No. 387 as amended by S.R. 2011 No. 38 and S.R. 2013 No. 304.

15.  In regulation 2(1) (general interpretation)—

(a) in the definition “another member State” after “United Kingdom” insert “ , and Switzerland ”;

(b) in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “ as amended from time to time ”;

(c) in the definition “EEA State” for “Communities” substitute “ European Union ”;

(d) in the definition “equivalent third country”, delete “Croatia,”; and

(e) for the definition “member State” substitute “ “member State” means any EEA State and Switzerland; ”.

16.  In Schedule 1 in paragraphs 2(2)(a) and (b), 5(2)(a) and (b), 9(2)(a) and (b), 12(2)(a) and (b), 14(2)(a) and (b), 17(2)(a) and (b), 21(2)(a) and (b) and 24(2)(a) and (b) after “on behalf of” insert “ the Department, ”.

17.  In Schedule 8 in paragraphs 8(a), 13(b)(i), 15(b)(i), 20(b)(i) and 24(b)(i) for “EC” substitute “ EU ”.

PART 6 N.I. AMENDMENTS TO THE BEET SEEDS REGULATIONS (NORTHERN IRELAND) 2009

Amendments to the Beet Seeds Regulations (Northern Ireland) 2009 N.I.

18.  The Beet Seeds Regulations (Northern Ireland) 2009 M10 are amended in accordance with regulations 19 to 21.

Marginal Citations

M10 S.R. 2009 No. 384

19.  In regulation 2(1) (general interpretation)—

(a) in the definition “another member State” after “United Kingdom” insert “ , and Switzerland ”;

(b) in the definition “the Beet Seed Directive” for “as last amended by Council Directive 2004/117/EC” substitute “ as amended from time to time ”;

(c) in the definition “the Common Catalogue Directive” for “as last amended by the Food and Feed Regulation” substitute “ as amended from time to time ”;

(d) in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “ as amended from time to time ”;

(e) in the definition “EEA State” for “Communities” substitute “ European Union ”;

(f) for the definition “equivalent third country” substitute “ “equivalent third country” means Argentina, Australia, Canada, Chile, Israel, Morocco, New Zealand, Serbia and Montenegro, South Africa, Turkey, the United States of America and Uruguay; ”; and

(g) for the definition “member State” substitute “ “member State” means any EEA State and Switzerland; ”.

20.  In Schedule 1 in paragraphs 2(2)(a) and (b), 6(2)(a) and (b), 10(2)(a) and (b), 14(2)(a) and (b), 16(2)(a) and (b), 20(2)(a) and (b), 24(2)(a) and (b) and 28(2)(a) and (b) after “on behalf of” insert “ the Department, ”.

21.  In Schedule 8 in paragraphs 8(a) and 19(1)(a) for “EC” substitute “ EU ”.

PART 7 N.I. AMENDMENTS TO THE CEREAL SEEDS REGULATIONS (NORTHERN IRELAND) 2009

Amendments to the Cereal Seeds Regulations (Northern Ireland) 2009 N.I.

22.  The Cereal Seeds Regulations (Northern Ireland) 2009 M11 are amended in accordance with regulations 23 to 27.

Marginal Citations

M11 S.R. 2009 No. 383.

23.  In regulation 2(1) (general interpretation)—

(a) in the definition “another member State” after “United Kingdom” insert “ , and Switzerland ”;

(b) in the definition “the Cereal Seed Directive” for “as last amended by Commission Directive 2009/74/EC” substitute “ as amended from time to time ”;

(c) in the definition “the Common Catalogue Directive” for “as last amended by the Food and Feed Regulation” substitute “ as amended from time to time ”;

(d) in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “ as amended from time to time ”;

(e) in the definition “EEA State” for “Communities” substitute “European Union;

(f) in the definition “equivalent third country”, delete “Croatia,”; and

(g) for the definition “member State” substitute “ “member State” means any EEA State and Switzerland; ”.

24.—(1) In regulation 15(1) for “Subject to paragraph (2)” substitute “ Subject to paragraphs (2), (4) and (5) ”.

(2) In regulation 15(3) delete “from a third country”; and

(3) After regulation 15(3) insert—

“(4) Seeds to which these regulations apply which have been imported may only be marketed in Northern Ireland if accompanied by a document stating—

(a) that the seed has been produced from a crop which has been found to be free of plants of wild oats at the time of an official examination and that in addition a one kilogram sample of seed drawn in accordance with the method laid down in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009, has been found free of seed of wild oats at the time of an official examination; or

(b) that a three kilogram sample of the seed drawn in accordance with the method laid down in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 has been found to be free from wild oats at an official examination.

(5) In relation to seed to which paragraph (4) applies—

(a) the Department may draw a sample in accordance with the method laid down in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009, for the purpose of revealing the presence of wild oats;

(b) where a sample drawn pursuant to sub-paragraph (a) is found to contain wild oats the seed lot or part thereof represented by that sample shall not be marketed in Northern Ireland.”

25.  In Schedule 1 in paragraphs 2(2)(a) and (b), 6(2)(a) and (b), 8(2)(a) and (b), 12(2)(a) and (b), 16(2)(a) and (b), 20(2)(a) and (b), 22(2)(a) and (b), 26(2)(a) and (b), 30(2)(a) and (b), 34(2)(a) and (b), 38(2)(a) and (b), 42(2)(a) and (b), 46(2)(a) and (b) and 50(2)(a) and (b) after “on behalf of” insert “ the Department, ”.

26.  In Schedule 4—

(a) In paragraph 12(1) for the table substitute the table in the Schedule.

(b) after paragraph 12 insert—

“Special wild oat purity standards

12A.   All categories of seed of oats, barley wheat, durum wheat, spelt wheat, rye and triticale shall be free of seeds of wild oat in a three kilogram sample.”

27.  In Schedule 8 in paragraphs 9(a), 14(b)(i) and 35(1)(a) for “EC” substitute “ EU ”.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 4th December 2014

L.S.

John Speers

A senior officer of the

Department of Agriculture and Rural Development