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PART 7AMENDMENTS TO THE CEREAL SEEDS REGULATIONS (NORTHERN IRELAND) 2009

Amendments to the Cereal Seeds Regulations (Northern Ireland) 2009

22.  The Cereal Seeds Regulations (Northern Ireland) 2009(1) are amended in accordance with regulations 23 to 27.

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

(a)in the definition “another member State” after “United Kingdom” insert “, and Switzerland”;

(b)in the definition “the Cereal Seed Directive” for “as last amended by Commission Directive 2009/74/EC” substitute “as amended from time to time”;

(c)in the definition “the Common Catalogue Directive” for “as last amended by the Food and Feed Regulation” substitute “as amended from time to time”;

(d)in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “as amended from time to time”;

(e)in the definition “EEA State” for “Communities” substitute “European Union;

(f)in the definition “equivalent third country”, delete “Croatia,”; and

(g)for the definition “member State” substitute ““member State” means any EEA State and Switzerland;”.

24.—(1) In regulation 15(1) for “Subject to paragraph (2)” substitute “Subject to paragraphs (2), (4) and (5)”.

(2) In regulation 15(3) delete “from a third country”; and

(3) After regulation 15(3) insert—

(4) Seeds to which these regulations apply which have been imported may only be marketed in Northern Ireland if accompanied by a document stating—

(a)that the seed has been produced from a crop which has been found to be free of plants of wild oats at the time of an official examination and that in addition a one kilogram sample of seed drawn in accordance with the method laid down in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009, has been found free of seed of wild oats at the time of an official examination; or

(b)that a three kilogram sample of the seed drawn in accordance with the method laid down in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 has been found to be free from wild oats at an official examination.

(5) In relation to seed to which paragraph (4) applies—

(a)the Department may draw a sample in accordance with the method laid down in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009, for the purpose of revealing the presence of wild oats;

(b)where a sample drawn pursuant to sub-paragraph (a) is found to contain wild oats the seed lot or part thereof represented by that sample shall not be marketed in Northern Ireland.

25.  In Schedule 1 in paragraphs 2(2)(a) and (b), 6(2)(a) and (b), 8(2)(a) and (b), 12(2)(a) and (b), 16(2)(a) and (b), 20(2)(a) and (b), 22(2)(a) and (b), 26(2)(a) and (b), 30(2)(a) and (b), 34(2)(a) and (b), 38(2)(a) and (b), 42(2)(a) and (b), 46(2)(a) and (b) and 50(2)(a) and (b) after “on behalf of” insert “the Department,”.

26.  In Schedule 4—

(a)In paragraph 12(1) for the table substitute the table in the Schedule.

(b)after paragraph 12 insert—

Special wild oat purity standards

12A.  All categories of seed of oats, barley wheat, durum wheat, spelt wheat, rye and triticale shall be free of seeds of wild oat in a three kilogram sample.

27.  In Schedule 8 in paragraphs 9(a), 14(b)(i) and 35(1)(a) for “EC” substitute “EU”.