22. After Schedule 10, add a new Schedule 11, as follows—
regulation 4A
1. On receipt of an application made in accordance with regulation 4A, an authorised officer shall—
(a)allocate to the person making such application a number to be known as a “grower’s number” (where one does not already exist for that person);
(b)conduct an official examination of the seed potatoes in order to determine whether the requirements of this Schedule and Table III of Schedule 6 have been met; and
(c)subject to paragraph 3 and regulation 4A, issue an authorisation to market seed potatoes for test and trial purposes.
2. An authorisation shall state—
(a)the name and address of the applicant;
(b)the grower’s number;
(c)the amount of seed potatoes for which marketing is authorised;
(d)the period for which marketing is authorised;
(e)the date on which the authorisation was issued;
(f)the country of destination (if required by the Department); and
(g)the proposed name of the variety of the seed potatoes.
3. No authorisation shall be issued by an authorised officer unless he is satisfied that—
(a)the seed potatoes are of a variety for which an application has been made under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance of the variety concerned on to a National List and which application has not been withdrawn or finally determined;
(b)the land on which the seed potatoes are growing or were grown is not land which is demarcated under Schedule 14 to the Plant Health Order (Northern Ireland) 2006(1) as contaminated with Wart Disease (Synchytrium endobioticum (Schilb.) Perc.);
(c)the land on which the seed potatoes are growing or were grown is land which is not contaminated by Globodera species infesting potatoes;
(d)the seed potatoes are taken from a crop of seed potatoes free from Globodera species infesting potatoes, Synchytrium endobioticum (Schilb.) Perc., Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck. & Kotth.) Davis et al.) and Ralstonia solanacearum (Smith) Yabuuchi et al.);
(e)the growing crop meets the requirements and tolerances set out in Columns 3 and 4 of Table II of Schedule 2 in respect of Class A;
(f)the seed potatoes are ascertained not to have exceeded any of the tolerances for the diseases, pests, damage or defects specified in Table III of Schedule 6.
4. Notwithstanding an authorisation, the Department may prohibit the use of the variety in all or in part of its territory or lay down appropriate conditions for cultivating the variety (where it has valid reasons for considering that the variety presents a risk for human health or the environment) in accordance with the conditions of Commission Decision 2004/842 and Council Directive 2002/56.
5. The Department may check maintenance of the variety. Where maintenance takes place in a member State of the EU other than the authorising member State, the Department shall assist its counterpart(s) administratively regarding the necessary checks.
6. The Department may accept maintenance in a third country, provided that the checks on practices for the maintenance afford the same assurances as those carried out in Northern Ireland or comply with Directive 2002/53.
7. The Department shall notify other member States and the EU Commission of the following—
(a)an application, as soon as this is received, or the rejection of an application for authorisation; and
(b)the grant, renewal or withdrawal of an authorisation.
8. The Department shall use the existing computerised information exchange systems to facilitate the exchange of information regarding connection with the application for acceptance of varieties into the national catalogues and the authorisation for seed potato varieties not yet listed.
9. In the case of genetically modified varieties of seed potatoes, authorisation shall be granted in accordance with Article 25 of 2004/842 and in accordance with the provisions of Directive 2001/18 and the Food and Feed Regulation.”.