LegalizeThe Seed Marketing (Amendment) Regulations (Northern Ireland) 2020
Made: 4th December 2020
Coming into force: 28th December 2020
The Department of Agriculture, Environment and Rural Affairs being a Department designated for the purposes of the European Communities Act 1972 in relation to the common agricultural policy of the European Union makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act.
Citation and commencement
1
These Regulations may be cited as the Seed Marketing (Amendment) Regulations (Northern Ireland) 2020 and come into operation on 28th December 2020.
Amendment of the Seed Marketing Regulations (Northern Ireland) 2016
2
- (1) The Seed Marketing Regulations (Northern Ireland) 2016 are amended as follows.
- (2) After regulation 31, insert—
(31A) The Department acts as the Member State for the purposes of Commission Regulation (EC) No 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination
- (3) In Schedule 1, in the table, for the sub-heading “Vegetables” until the end substitute—
| Vegetables | Vegetables |
|---|---|
| Allium cepaL.—Cepa Group | –Onion, Echalion |
| Allium porrum L.—all varieties | Leek |
| Apium graveolens L.—Celery Group—Celeriac Group | ––– |
| Asparagus Officinalis L.—all varieties | Asparagus |
| Beta vulgaris L.—Garden Beet Group—Leaf Beet Group | –Beetroot including Cheltenham beetSpinach beet or Chard |
| Brassica oleracea L.—Kale Group—Cauliflower Group—Capitata Group—Brussel Sprouts Group—Kohlrabi Group—Savoy Cabbage Group—Broccoli Group—Palm Kale Group—Tronchuda Group | –––Red cabbage and White cabbage–––Calabrese type and Sprouting type–Portuguese cabbage |
| Brassica rapa L.—Chinese Cabbage Group—Vegetable Turnip Group | ––– |
| Cichorium endivia L.—all varieties | Endive |
| Cichorium intybus L.—Leaf Chicory Group | –Large-leaved chicory or Italian chicory |
| Cucumis melo L.—all varieties | Melon |
| Cucumis sativus L.—Cucumber Group—Gherkin Group | ––– |
| Cucurbita maxima Duchesne—all varieties | Gourd |
| Cucurbita pepo L.—all varieties | Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash) |
| Daucus carota L.—all varieties | Carrot and Fodder Carrot |
| Lactuca sativa L.—all varieties | Lettuce |
| Solanum lycopersicum L.—all varieties | Tomato |
| Petroselinum crispum (Mill.) Nyman ex A. W. Hill—Leaf Parsley Group—Root Parsley Group | ––– |
| Phaseolus coccineus L.—all varieties | Runner bean |
| Phaseolus vulgaris L.—Dwarf French Bean Group—Climbing French Bean Group | ––– |
| Pisum sativum L.—Round Pea Group—Wrinkled Pea Group—Sugar Pea Group | –––– |
| Raphanus sativus L.—Radish Group—Black Radish Group | ––– |
| Spinacia oleracea L.—all varieties | Spinach |
| Vicia faba L.—all varieties | Broad bean |
| Zea maysL.—Sweet Corn Group—Popcorn group | ––– |
| Any hybrid of the vegetable species or Groups listed above | Any hybrid of the vegetable species or Groups listed above |
- (4) In Schedule 2—
- (a) before Part 1 insert—
(A1) In this Schedule— - “EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants; - “protected zone quarantine pest” means a pest within the meaning given in Article 32(1) of the EU Plant Health Regulation; - “RNQP” means a regulated non-quarantine pest within the meaning given in Article 36 of the EU Plant Health Regulation; - “Union quarantine pest” means a pest within the meaning given in Article 4 of the EU Plant Health Regulation.
- (b) for paragraph 13(4) substitute—
(4) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed. (5) The crop and the seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.
- (c) in paragraphs 25 and 37, for sub-paragraph (3), in each case, substitute—
(3) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed. (4) The crop and seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as measures adopted pursuant to Article 30(1) of that Regulation.
- (d) for paragraph 44(4) substitute—
(4) The crop and seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed. (4A) The crop and seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as measures adopted pursuant to Article 30(1) of that Regulation.
Signed
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 4th December 2020
Dave Foster — A senior officer of the
Explanatory note
(This note is not part of the Regulations)
Footnotes
[^f00001]: S.I. 2000/2812.
[^f00002]: 1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
[^f00003]: S.R. 2016 No. 244, as amended by S.R. 2017 No. 222.
[^f00004]: OJ No L38, 9.2.2006, p.17.
Editorial notes
[^c24360161]: S.I. 2000/2812.
[^c24360171]: 1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
[^c24360181]: S.R. 2016 No. 244, as amended by S.R. 2017 No. 222.
[^c24360191]: OJ No L38, 9.2.2006, p.17.
[^key-8a89bbc5897764725c71a22e11bb6b4b]: Words in reg. 1 substituted (27.12.2020) by The Seed Marketing (Amendment) (No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/322), regs. 1, 2
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