1 Title and commencement
These Regulations may be cited as The Seed Potatoes (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 20th January 2010.

Amendment of the Seed Potatoes Regulations (Northern Ireland) 2001
2 The Seed Potatoes Regulations (Northern Ireland) 2001 are amended in accordance with regulations 3 to 5.
S.R. 2001 No.188 as amended by S.R. 2007 No.401
3 In regulation 2(1) (interpretation) insert at the appropriate places in the alphabetical order—

““additional region” means the region for seed production approved by the Department for the purposes of the second paragraph of article 11(1) of the Commission Directive 2008/62/EC;”

;

““Commission Directive 2008/62/EC” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;;”

;

““conservation variety” means a variety which is listed as such in accordance with the Seed (National List of Varieties) Regulations 2001();”

; and

““region of origin” means the region forming a part or the whole of Northern Ireland identified by the Department for the purposes of article 8.1 of Commission Directive 2008/62/EC;””

.
O.J. No.I.162 ,216.2008.p.13
S.I.2001/3510 as amended by S.I. 2004/2949, 2007/1871, 2008/2683 and S.I. 2009/1273.
4 After regulation 4(8) insert—

“9 A person shall not market seed potatoes of a conservation variety unless—
(a) the seed potatoes have been produced in its region of origin or additional region; and
(b) marketing takes place in the region of origin or additional region.
10 For the purposes of Article 14 of Commission Directive 2008/62/EC, the Department may specify the maximum amount of seed potatoes of a conservation variety which may be marketed in any given production season.”

.
5 1 Schedule 5 is amended as follows.
2 In paragraph 1(d) of Part.1 to Schedule 5 insert at the end—

“Conservation Variety (if appropriate)
Region of Origin (if appropriate)”

.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 20th January 2010.
L.S John Speers A senior officer of the Department of Agriculture and Rural Development