The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend a number of different regulations relating to seeds.

Regulation 2 amends the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 (S.R. 2009/388). The amendment replaces the existing definition of “the Seed Marketing Directives” to provide a mechanism to allow changes to relevant Council Directives, pertaining to seed marketing, to take effect in Northern Ireland law without the need for further legislative or regulatory provision.

Regulations 4(a), 9(a), 15(a), 19(a) and 23(a) amend respectively the Fodder Plant Seeds Regulations (Northern Ireland) 2009 (S.R. 2009/385) (“the Fodder Regulations”), the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 2009 (S.R 2009/386) (“the Oil and Fibre Regulations”), The Vegetable Seeds Regulations (Northern Ireland) 2009 (S.R. 2009/387) (“the Vegetable Regulations”), the Beet Seeds Regulations (Northern Ireland) 2009 (S.R. 2009/384) (“the Beet Regulations”) and the Cereal Seeds Regulations (Northern Ireland) 2009 (S.R 2009/383) (“the Cereal Regulations”). These amend the existing definition of “another member State” to include Switzerland.

Regulations 4(b), (c) and (f), 9(b), (c) and (g), 15(b), 19(b), (c) and (d) and 23(b), (c) and (d) amend respectively the Fodder Regulations, the Oil and Fibre Regulations, the Vegetable Regulations, the Beet Regulations and the Cereal Regulations. These amendments provide a mechanism to allow changes to relevant Council Directives to take effect in Northern Ireland law without the need for further legislative or regulatory provision.

Regulations 4(d) and (g), 7, 9(d) and (f), 13, 15(c) and (e), 17, 19(e) and (g), 21, 23 (e) and (g) and 27 amend respectively the Fodder Regulations, the Oil and Fibre Regulations, the Vegetable Regulations, the Beet Regulations and the Cereal Regulations. These amend the existing definitions of “EEA State” and “member State” to reflect the current position regarding European Institutions. They also reflect the current labelling requirement to use “EU” rather than “EC”.

Regulations 4(e), 9(e), 15(d) and 23(f) amend respectively the Fodder Regulations, the Oil and Fibre Regulations, the Vegetable Regulations and the Cereal Regulations. These amendments omit Croatia from the definition of “equivalent third country” as it is now a member of the European Union.

Regulation 5 amends the Fodder Regulations to regularise the drafting with similar provisions in other seeds legislation. The operation of the regulation is not affected.

Regulations 6, 10, 16, 20 and 25 amend respectively the Fodder Regulations, the Oil and Fibre Regulations, the Vegetable Regulations, the Beet Regulations and the Cereal Regulations. These amendments clarify the existing provisions ensuring that seed certified by the Department can be marketed in Northern Ireland.

Regulations 11 and 12 amend the Oil and Fibre Regulations to correct minor errors in the original drafting.

Regulation 19(f) amends the Beet Regulations. It replaces the existing definition of “equivalent third country” to include all countries listed in the “Third Country Equivalence Decision”, as defined in the Beet Regulations, and to regularise the drafting with similar provisions in other seeds legislation.

Regulations 24, 26 and Schedule 1 to the Regulations amend the Cereal Regulations. These amendments implement the derogation from Council Directive 66/402/EEC on the marketing of cereal seed, granted by the European Commission, in decision 74/269/EEC. They implement a regime to control, with a view to eradicating, wild oat in the area of cereal production.