The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011

Amendment to Regulation 2

3.  In regulation 2(1) (general interpretation)—

(a) after the definition of “the Act” insert—

“additional region” means the region for seed production approved by the Department r the purposes of the second paragraph of Article 13.1 (additional regions) of Commission Directive 2009/145;

“amateur variety” means a variety of vegetable species with no intrinsic value for commercial crop production which is developed for growing under particular conditions and is contained within a National List;

(b) after the definition of “breeder’s seed” insert—

“certified seed of a conservation variety” means seed of a conservation variety which—

(a) is produced in the region of origin or an additional region;

(b) decends from seed produced accordingly to well defined practices for the maintenance of the variety;

(c) satisfies the requirements for certification of certified seed set out in the Vegetable Seed Directive, except the requirements in respect of minimal varietal purity and examination and satisfies the requirements of Part 5 of Schedule 4; and

(d) has sufficient varietal puriety;

“Commission Directive 2009/145” means Commission Directive 2009/145/EC providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties as amended from time to time;”;

(e) after the definition of “component” insert—

““conservation variety” means a landrace or variety of vegetable species which is naturally adapted to local and regional conditions and threatened by genetic erosion and is contained within a National List and for these purposes—

(a)

“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and

(b)

“genetic erosion” means loss of genetic diversity between and within populations or varieties of the same species over time or reduction of the genetic basis of a species due to human intervention or environmental change;”;

(f) after the definition of “official measures” insert—

““official post control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by or on behalf of the relevant European Authority and for these purposes—

(a)

“control plot” means a plot sown by or on behalf of a European Authority with seed from a sample which is of at least the minimum weight specified in column 3 of the table in Schedule 7 taken by or on behalf of a European Authority or the person marketing the seed; and

(b)

“European Authority” means:

(i)

the Department of Agriculture and Rural Development in Northern Ireland;

(ii)

the Welsh Ministers;

(iii)

the Ministers;

(iv)

the Secretary of State; or

(v)

a competent seed certification authority of an EEA state other than the United Kingdom;”;

(g) after the definition of “previously listed variety” insert—

“region of origin” means the region forming a part or the whole of the United Kingdom identified by the Department for the purposes of Article 8(1) (region of origin) of Commission Directive 2009/145;” and

(h) for the definition of “the Vegetable Seed Directive” substitute—

“the Vegetable Seed Directive” means Council Directive 2002/55/EC on the marketing of vegetable seed, as amended from time to time;”