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2001 No. 331
SEEDS
Beet Seeds (Amendment) Regulations (Northern Ireland) 2001
| |
Made |
20th September 2001 | |
| |
Coming into operation |
2nd November 2001 | |
The Department of Agriculture and Rural Development in exercise of the powers conferred on it by sections 1(1), (2A)[1] and 2[2] of the Seeds Act (Northern Ireland) 1965[3] and of every other power enabling it in that behalf after consultation with representatives of such interests as appear to it to be concerned, hereby makes the following Regulations:
Citation and commencement
1.
These Regulations may be cited as the Beet Seeds (Amendment) Regulations (Northern Ireland) 2001, and shall come into operation on 2nd November 2001.
Amendment of the Beet Seeds Regulations (Northern Ireland) 1994
2.
- (1) The Beet Seeds Regulations (Northern Ireland) 1994[4] shall be amended as follows.
(2) In regulation 3(1) -
(a) after the definition of "the Department" there shall be inserted the following definition -
"
"genetically modified" has the same meaning as for the purposes of Council Directive 90/220/EEC[5] on the deliberate release into the environment of genetically modified organisms;";
(b) the definition of "marketing" shall be deleted;
(c) for the definition of official examination there shall be substituted the following definition -
"
"official examination" means -
(a) in relation to Certified Seed produced in the United Kingdom -
(i) an examination or a test carried out by or on behalf of the Department, the Minister of Agriculture, Fisheries and Food, the Scottish Ministers or the National Assembly for Wales;
(ii) an examination carried out under official supervision; or
(iii) a test carried out by an establishment licensed by a seed testing station under official supervision;
(b) in relation to Uncertified Pre-basic Seed, Pre-basic Seed and Basic Seed, produced in the United Kingdom -
(i) an examination or a test carried out by or on behalf of the Department, the Minister of Agriculture, Fisheries and Food, the Scottish Ministers or the National Assembly for Wales; or
(ii) a test carried out by an establishment licensed as a seed testing station under official supervision; and
(c) in relation to any description of seed produced elsewhere than in the United Kingdom, an examination or a test approved by the Department, the Minister of Agriculture, Fisheries and Food, the Scottish Ministers or the National Assembly for Wales;"; and
(d) the definition of "small package" shall be deleted.
(3) After paragraph (2) of regulation 3 there shall be inserted the following paragraphs -
"
(2A) For the purposes of these Regulations, seeds -
(a) produced and packaged in a member State other than the United Kingdom or a third country;
(b) accompanied by a document validly issued by a competent authority in that member State or third country containing information specified at paragraph C(b) of Part I of Schedule 6; and
(c) in respect of which an application has been made for a breeder's confirmation under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder's confirmation.
(2B) For the purposes of these Regulations, seeds -
(a) produced and packaged in a member State other than the United Kingdom or a third country;
(b) accompanied by a document validly issued by a competent authority in that member State or third country containing information specified (in respect of packages of seed not finally certified) at paragraph C(b) of Part I of Schedule 6; and
(c) in respect of which an application has been made for an official certificate under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder's confirmation or an official certificate.
(2C) For the purposes of these Regulations, seeds -
(a) produced and packaged in a member State other than the United Kingdom or a third country;
(b) labelled appropriately in accordance with the requirements of regulation 9; and
(c) in the case of a small EC package of seeds, sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than a small EC package of seeds, validly sealed by a competent authority in a member State other than the United Kingdom or a third country,
shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (2).".
(4) At the end of regulation 3 there shall be added the following paragraphs -
"
(5) In these Regulations "marketing" means -
(a) selling, holding with a view to sale and offering for sale; and
(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,
whether or not for consideration; and "market" and "marketed" shall be construed accordingly.
(6) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations -
(a) the supply of seed to official testing and inspection bodies; or
(b) the supply of seed to any person for the purpose of processing or packaging the seed provided he does not acquire title to the seed supplied, shall not be treated as marketing of seed of that variety.".
(5) In regulation 4 -
(a) in paragraph (1), for the words "Subject to paragraphs (2) and (3)" there shall be substituted the words "Subject to paragraph (2)";
(b) in paragraph (2), sub-paragraphs (b), (c) and (d) shall be revoked; and
(c) paragraph (3) shall be revoked.
(6) In regulation 5(1) -
(a) in sub-paragraph (b) for the words "regulation 9(1)" there shall be inserted the words "regulation 9(1), (1B),"; and
(b) after sub-paragraph (c) there shall be added the following sub-paragraph -
"
(d) in the case of genetically modified seeds, clearly indicated, in the sales catalogue of the person marketing the seeds and in any other marketing information or marketing representations provided by that person, as having been genetically modified.".
(7) After paragraph (1) of regulation 5 there shall be inserted the following paragraph -
"
(1A) Paragraph (1) shall not prevent the marketing of seed as grown, marketed for processing, provided that the identity of the seed is ensured.".
(8) After paragraph (2) of regulation 5 there shall be inserted the following paragraphs -
"
(2A) Where this is an arrangement under which -
(a) seed, other than seed which contains any genetically modified material, under the control of one person is used by another person for the purpose of -
(i) increasing the first person's stock of the seed for sowing; or
(ii) carrying out tests or trials on the seed; and
(b) everything produced from the seed, whether directly or indirectly, and any unused seed, become or remain the property of the first person,
the prohibitions in paragraph (1) shall not apply to the marketing of the seed by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of any seed produced (whether directly or indirectly) from that seed.
(2B) The prohibitions in paragraph (1) shall not apply to the marketing by producers of small quantities of seed, other than seed which contains any genetically modified material, for scientific purposes or selection work.
(2C) If the conditions specified in paragraph (2D) are satisfied, the prohibitions in paragraph (1) shall not apply to -
(a) the marketing, as part of any arrangement referred to in paragraph (2A) by the first person referred to in that paragraph to the second person referred to in that paragraph, of seed which contains any genetically modified material;
(b) the marketing, as part of any arrangement referred to in paragraph (2A) by the second person referred to in that paragraph to the first person referred to in that paragraph, of seed produced (whether directly or indirectly) from the seed marketed to him as part of any such arrangement which contains any genetically modified material; or
(c) the marketing by producers, for scientific purposes or selection work, of small quantities of seed which contains any genetically modified material.
(2D) The conditions referred to in paragraph (2C) above are -
(a) the deliberate release of the genetically modified material has been authorised under a Part B consent, or the genetically modified material has been accepted for marketing in accordance with a Part C consent, issued for the purposes of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms;
(b) the seeds are accompanied during marketing by a copy of the consent;
(c) all appropriate measures, in accordance with an environmental risk assessment in respect of the material carried out in accordance with article 7(4) of Council Directive 70/457/EEC[6], have been taken by the producer of the seed to avoid adverse effects on human health and the environment; and
(d) in the case of genetically modified material accepted for marketing in accordance with a Part C consent, an authorisation has been granted by the Department in accordance with paragraph (2E) to the person marketing the seed.
(2E) An authorisation may be granted by the Department for the purpose of paragraph (2D)(d) if -
(9) After paragraph (8) in regulation 5 there shall be inserted the following paragraphs -
"
(8A) Beet seeds produced and packaged in a member State other than the United Kingdom intended for official certification in the United Kingdom shall not be marketed unless they are -
(a) sealed and labelled as required by regulations 8 and 9; and
(b) accompanied by an official document containing all the information in respect of the seeds specified at paragraph C of Part I of Schedule 6.
(8B) A person who imports a package containing a net weight of more than 2 kilograms of beet seeds produced in a country other than another member State shall make available to the Department, in such manner and at such time as the Department may require, the information in respect of the seeds specified in Part IV of Schedule 6.".
(10) In paragraphs (1) and (3) of regulation 8, for the words "a small package or a small EC package", where they relatively occur in those paragraphs, there shall be substituted the words "a small EC package".
(11) In regulation 9 -
(a) after paragraph (1A) there shall be inserted the following paragraph -
"
(1B) If a variety has been genetically modified, any label or document, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified.";
(b) in paragraphs (2) and (4) for the words "a package other than a small package of Basic Seed", where they respectively occur in those paragraphs, there shall be substituted the words "a package of Basic Seed";
(c) paragraph (6) shall be revoked; and
(d) in paragraph (1)(b) for the words "Part IV" there shall be substituted the words "Part V".
(12) In Schedule 6 -
(a) paragraph A of Part III shall be revoked;
(b) "Part IV" (Particulars to be marked or displayed on the sale of unpacketed seeds) shall be renumbered "Part V"; and
(c) after Part III there shall be inserted the following Part -
"
Part IV
Information in respect of seeds imported from third countries in packages more than 2 kilograms in net weight
1.
Species.
2.
Variety.
3.
Category.
4.
Country of production and official inspection authority.
5.
Country of despatch.
6.
Importer.
7.
Quantity of seed.".
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
20th September 2001.
L.S.
Liam McKibben
A senior officer of the Department of Agriculture and Rural Development
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These Regulations amend the Beet Seeds Regulations (Northern Ireland) 1994, S.R.1994 No. 251 as amended by S.R. 1997 No. 240 and S.R. 2000 No. 52 (the 1994 Regulations).
The amendments to the 1994 Regulations give effect to Council Directive 98/95/EC (O.J. No. L25, 1.2.1999, p. 1) in respect of the consolidation of the internal market, genetically modified plant resources and plant genetic resources and Council Directive 98/96/EC (O.J. No. L25, 1.2.1999, p. 27) amending, as regards unofficial field inspections, directives in respect of the marketing of seeds and the common catalogue of varieties of agricultural plant species. The directives in respect of the marketing of seeds amended by Council Directive 98/95/EC and Council Directive 98/96/EC include Council Directive 66/400/EEC (O.J. No. L125, 11.7.66, p. 2290) on the marketing of beet seed (last amended by Council Directive 98/96/EC).
These amending Regulations -
(a) amend definitions in the 1994 Regulations, including the definitions of "marketing" and "official examination", and remove the definition of small packages;
(b) include provisions in regulation 5 in relation to marketing and marketing authorisations, tests and trials, seed as grown, selection work and other scientific purposes; and make consequential amendments to regulation 4;
(c) include in regulation 5 provision in relation to the marketing of genetically modified beet seeds;
(d) amend regulations 8 and 9 to remove provisions in respect of small packages and amend regulation 9 to make provision in relation to clear indications for genetically modified varieties; and
(e) amend Schedule 6 to make provision for the supply of information about imported seeds and remove provisions in respect of small packages.
Notes:
[1]
As inserted by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 3back
[2]
As amended by 1970 c. 20 (N.I.) section 10(2)back
[3]
1965 c. 22 (N.I.); the name of the Department was changed by S.I. 1999/283 (N.I. 1) Art. 3(4)back
[4]
S.R. 1994 No. 251 as amended by S.R. 1997 No. 240 and S.R. 2000 No. 52back
[5]
O.J. No. L117, 8.5.90, p. 15; as last amended by Commission Decision 98/294/EC, O.J. No. L131, 5.5.98, p. 33back
[6]
O.J. No. L225, 12.10.1970, p. 1; as last amended by Council Directive 98/96/EC (O.J. No. L25, 1.2.1999, p. 27)back
ISBN
0 33794042 8
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© Crown copyright 2001 |
Prepared
11 October 2001
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