The Beet Seeds Regulations (Northern Ireland) 2009

Exception for test and trials

18.—(1) The prohibition in regulation 14(1) shall not apply to the marketing by a producer of seed for test and trial purposes in accordance with—

(a) an authorisation which has been granted to the producer by the Department in accordance with this regulation; or

(b) an authorisation which has been granted to the producer by or on behalf of—

(i) the Secretary of State;

(ii) the Scottish Ministers;

(iii) the National Assembly for Wales; or

(iv) a competent seed certification authority in another member State,

in accordance with Article 2(1) of the 2004 Commission Decision.

(2) A producer shall not market test and trial seed—

(a) except for the purposes of tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of a beet species specified in Schedule 2;

(b) unless a field inspection report has been issued by the Department or by a licensed crop inspector stating that the crop satisfies the conditions for CS seed laid down in Schedule 3;

(c) unless a seed test report has been issued by the Department or by a licensed seed testing station stating that the seed satisfies the conditions for CS seed laid down in Schedule 4; or

(d) if such marketing would contravene a prohibition on the use of the variety published by the Department in the gazette that complies with Article 14 of the 2004 Commission Decision.

(3) A producer of seed established in Northern Ireland may apply to the Department for the grant or renewal of a regulation 18 authorisation.

(4) A regulation 18 authorisation granted by the Department shall last for a period of one year or such shorter period as the Department may specify.

(5) An application for authorisation or renewal of a regulation 18 authorisation shall be made in writing to the Department and shall be accompanied by such information as the Department may require.

(6) The Department shall not grant a regulation 18 authorisation unless it is satisfied that—

(a) the seed is of a variety for which an application has been made by the producer under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a National List and which application has not been withdrawn or finally determined; and

(b) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety under either—

(i) Part C of the Deliberate Release Directive; or

(ii) the Food and Feed Regulation.

(7) The Department shall not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.

(8) A regulation 18 authorisation may impose such conditions as the Department may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates.

(9) The Department may withdraw a regulation 18 authorisation where there is a breach of any condition referred to in paragraph (8).

(10) A regulation 18 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.

(11) The Department may require a producer to whom a regulation 18 authorisation has been granted to provide it with information about—

(a) the results of the tests and trials to which the authorisation relates; or

(b) the quantities of seed marketed during the authorised period and the name of the member State for which the seed was destined.

(12) A producer to whom a regulation 18 authorisation has been granted shall, within such period as is specified by the Department, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with him.