The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Amendment of Schedule 3 N.I.

61.  In Schedule 3—

(a) in paragraph 1(2)—

(i) in sub-paragraph (b), omit “or”;

(ii) in sub-paragraph (c), for “any other member State.” substitute “ a member State; or ”;

(iii) after sub-paragraph (c), insert—

“(d) a competent authority outside the United Kingdom if the Department is satisfied that those growing trials are of equivalent standards to those carried out by, or on behalf of, the Department.”

(b) in paragraph 2—

(i) in sub-paragraph (2)(b) omit “, in another member State”;

(ii) in sub-paragraph (2)(e), for “member State” substitute “ country which is a member of UPOV ”;

(c) in paragraph 3—

(i) in sub-paragraph (b)—

(aa) omit paragraph (i);

(bb) for paragraphs (ii) and (iii), substitute—

“(i) guidelines produced by UPOV relating to the conduct of tests for distinctiveness, uniformity and stability for the particular genus or species concerned;

(ii) where guidelines mentioned at (i) do not exist a protocol or guidelines established or recognised by the Department in relation to the same matters.”;

(d) in paragraph 4—

(i) in sub-paragraph (1)(a), for “consists is” to the end substitute—

“consists—

(i) is authorised for cultivation pursuant to Regulation (EC) No 1829/2003 or the GMO regulations, or

(ii) has, before the day on which exit day falls, been authorised for cultivation pursuant to Directive 2001/18/EC; or”;

(ii) in sub-paragraph 4(3), omit “Directive 2001/18/EC”;

(e) in paragraph 5(1)(d), for “ceases” to the end, insert—

“(i) ceases to be authorised pursuant to Regulation (EC) No 1829/2003 or the GMO regulations; or

(ii) has, before the day on which exit day falls, been authorised for cultivation pursuant to Directive 2001/18/EC, and ceases to be authorised.”.

(f) in paragraph 6, for “pursuant to” to the end, substitute—

“pursuant to—

(a) the GMO regulations;

(b) Regulation (EC) No 1829/2003; or

(c) Directive 2001/18/EC, where the authorisation was granted before the day on which exit day falls.”.

(g) in paragraph 11—

(i) omit the definition of “CPVO”;

(ii) omit the definition of “CPVO protocol”;

(iii) after the definition of “Directive 2001/18/EC”, insert—

““the GMO regulations” means—

(a) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M1 ;

(b) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M2 ;

(c) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) Regulations (Scotland) 2002 M3 ;

(d) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) Regulations (Wales) 2002 M4 ;”;

(iv) in the definition of “technical questionnaire”—

(aa) for paragraph (a), substitute—

“(a) protocol or guidelines established or recognised by the Department in relation to distinctiveness, uniformity and stability tests for the particular genus or species concerned;”;

(bb) in paragraph (b), omit from the beginning to “relevant species, in ”.

Commencement Information

I1 Reg. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 S.R. 2003 No. 167.

M2 S.I. 2002/2443.

M3 S.S.I 2002/541.

M4 S.I. 2002/3188 (W. 304).