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

i

in the case of seed potatoes where 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 3(1)(a) of Council Directive 2002/56/EC;

and “certified” is to be construed accordingly;

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

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;

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;

iii

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;

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;

iii

in the case of seed potatoes produced in a member State or Switzerland, Article 18(f) of, and point A7 of Annex III to, Council Directive 2002/56/EC;

“the relevant seed potatoes regulations” means—

a

in the case of Scotland, the Seed Potatoes (Scotland) Regulations 2015 M2;

b

in the case of Wales, the Seed Potatoes (Wales) Regulations 2016 M3;

c

in the case of England, the Seed Potatoes (England) Regulations 2015 M4;

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;

“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 M5;

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;

“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;

b

in relation to seed potatoes produced outside Northern Ireland, seed potatoes which have been authorised by the certification authority in the country or territory where the seed potatoes were produced for marketing 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 6;

iii

in the case of seed potatoes produced in a member State or Switzerland, Article 6(1) of Council Directive 2002/56/EC.

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 ”

3

The Department shall not authorise marketing—

a

of a quantity of seed potatoes in excess of 0.1% of the annual amount of seed potatoes used in the United Kingdom, except that, if such quantity is not sufficient to sow 10 hectares, the quantity needed for such an area may be authorised;

b

of seed potatoes which contain any genetically modified material unless—

i

an authorisation is in force under—

aa

Regulation 1829/2003 or Part C of Directive 2001/18/EC, where that authorisation was granted before exit day;

bb

Regulation 1829/2003 (on genetically modified food and feed); or

ii

a consent has been granted under

aa

Article 8(1) of the Genetically Modified Organisms (Northern Ireland) Order 1991;

bb

section 111(1) of the Environmental Protection Act 1990.

, in respect of marketing those seed potatoes, pursuant to—

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 paragraph (a);

iii

in the case of seed potatoes produced in a member State or Switzerland, Council Directive 2002/56/EC.

2

Paragraph (1) does not apply to any person marketing more than 2 kilogrammes of seed potatoes that have been imported into Northern Ireland from the European Union or Switzerland before the end of the period of one year beginning with the day after the day on which exit day falls.