The Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations—

“the Department” means the Department of Agriculture and Rural Development;

“Directive 77/93/EEC” means Council Directive of 21st December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(2), as amended;

“Directive 98/56/EC” means Council Directive 98/56/EC on the marketing of propagating material of ornamental plants(3);

“inspector” means any person authorised in writing by the Department to be an inspector for the purposes of these Regulations;

“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;

“marketing” in relation to any propagating material means the holding available or in stock, the display with a view to sale, the offering for sale, or the sale or delivery by a supplier to another person of that material;

“propagating material” means plant material intended for—

(a)

the propagation of ornamental plants; or

(b)

the production of ornamental plants; however, in the case of production from complete plants, the material used shall only be considered to be propagating material if the resulting ornamental plant is intended for further marketing;

“propagation” means reproduction by vegetative or other means;

“Regulation 2100/94” means Council Regulation 2100/94/EC on Community Plant Variety Rights(4);

“supplier” means any person professionally engaged in the marketing or in the importation from third countries of propagating material; and

“third country” means a country other than a Member State.

(1)

1954 c. 33 (N.I.)

(2)

O.J. No. L.26, 31.1.77, p. 20 as last amended by Commission Directive 98/2/EC (O.J. No. L.15, 21.1.98, p. 34)

(3)

O.J. No. L.226, 13.8.98, p. 16

(4)

O.J. No. L.227, 1.9.94, p. 1, as last amended by Council Regulation 2506/95/EC (O.J. No. L.258, 28.10.95, p. 3)