The Fodder Plant Seeds (Amendment) Regulations (Northern Ireland) 2011

Amendment to Regulation 2 N.I.

3.  In regulation 2(1) (general interpretation) after the definition “breeder’s seed” insert—

“collection site” means a part of a source area, where the seed has been collected;

After the definition “Commission Directive 2008/62” insert—

“Commission Directive 2010/60” means Commission Directive 2010/60/EU(1) providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment.

After the definition for “control plot” insert—

“crop-grown preservation mixture” means a seed mixture produced in accordance with the following process:

(i)

seed of individual species is taken at the collection site;

(ii)

the seed referred to in point (i) is multiplied outside the collection site as single species;

(iii)

the seeds of those species are then mixed to create a mixture which is composed of those genera, species and, where relevant, subspecies which are typical for the habitat type of the collection site.

After the definition for “Directive seed conditions” insert—

“directly harvested preservation mixture” means a seed mixture marketed as collected at the collection site with or without cleaning;

For the definition “preservation mixture” substitute—

“preservation mixture” means a mixture of fodder plant seed of the species specified in Schedule 2 (whether or not the mixture also contains seed to which these regulations do not apply) where the Department is satisfied that the mixture contains only seed which, when used, will assist in the conservation of genetic resource, reduce the loss of genetic diversity or natural habitat and improve species distribution;

after the definition of “small EC B package of seed” insert—

“source area” means:

(iv)

an area designated by the Department as a special area of conservation in accordance with Article 4(4) of Directive 92/42/EEC; or

(v)

an area contributing to the conservation of plant genetic resources and which is designated by the Department in accordance with a national procedure based on criteria comparable to those provided for in Article 4(4) of Directive 92/43/EEC in conjunction with Article 1(k) and (l) of that Directive, and which is managed, protected and under surveillance in a manner equivalent to Article 6 and 11 of that Directive;

Commencement Information

I1 Reg. 3 in operation at 19.12.2011, see reg. 1

(1)

OJ L228, 31.8.2010, P.10