Authorisations for other purposesN.I.
This section has no associated Explanatory Memorandum
21.—(1) The Department may grant an authorisation to permit—
(a)the carrying out of any activity specified in a plant health derogation;
(b)the introduction into Northern Ireland, the movement within Northern Ireland, or the holding or multiplication in Northern Ireland, of a potential quarantine plant pest for official testing, scientific or educational purposes, trials, varietal selection or breeding; or
(c)the carrying out of any other activity which requires the approval of the Department under the EU Plant Health Regulation, the Official Controls Regulation or these Regulations.
(2) An application for any such authorisation must be made to the Department in the manner and form required by the Department.
(3) In paragraph (1)—
“plant health derogation” means—
(a)
a derogation from provisions of the EU Plant Health Regulation which is set out in an implementing or delegated act adopted by the European Commission under the EU Plant Health Regulation or the Official Controls Regulation; or
(b)
a derogation in any decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, which continues to apply for the purposes of the EU Plant Health Regulation on or after the commencement date and allows member States to authorise an activity which would otherwise be prohibited by or under the EU Plant Health Regulation.
“potential quarantine plant pest” means a plant pest which is not a Union quarantine pest, a protected zone quarantine pest or a plant pest subject to any measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation, but which, in the opinion of the Department, fulfils the criteria set out in Subsection 1 of Section 3 of Annex 1 to that Regulation or may fulfil the criteria in Subsection 2 of that Section.