5.—(1) A person shall not market seed potatoes of a conservation variety unless—
(a)the variety is listed in the [F1NI Variety List] of varieties of potato species; and
(b)the seed potatoes have been produced in the United Kingdom.
(2) A person proposing to produce seed potatoes of a conservation variety shall, before the beginning of each production season, provide the Department, in such form and manner as the Department may require, with details in writing of the size and location of the area to be used to produce that seed.
(3) [F2Where the quantities laid down in Article 14 of Commission Directive 2008/62/EC would otherwise be likely to be exceeded], the Department may specify the maximum amount of seed potatoes of a conservation variety that may be marketed in any given production season and may also specify different maxima for different persons or classes of persons.
(4) The quantity of seed potatoes of a conservation variety marketed by a person shall not exceed any maximum amount specified under paragraph (3) in relation to that person.
(5) Any person marketing seed potatoes of a conservation variety shall provide the Department, if requested to do so in writing, with details in writing of the quantity and variety of the seed potatoes placed on the market during each production season.
[F3(6) For the purposes of paragraph (3), Article 14 of Commission Directive 2008/62/EC is to be read as if—
(a)in the first paragraph, in the first sentence—
(i)the words “Each Member State shall ensure that”, were omitted;
(ii)for the words “does not exceed”, there were substituted “ may not exceed ”;
(iii)for “that member State”, there were substituted “ United Kingdom ”;
(b)in the second paragraph—
(i)in the first sentence, for the reference to “each Member State”, there were substituted “ the United Kingdom ”;
(ii)for the references to “the Member State”, in both places, there were substituted “ the United Kingdom ”]
Textual Amendments
F1Words in reg. 5(1)(a) substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(2)(d)
F2Words in reg. 5(3) substituted (31.12.2020) by The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/962), regs. 1(2), 11(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 5(6) inserted (31.12.2020) by The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/962), regs. 1(2), 11(b); 2020 c. 1, Sch. 5 para. 1(1)