The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017

PART 1 N.I. Introduction

Citation and commencement N.I.

1.  These Regulations may be cited as the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 and come into operation on 29th June 2017.

Interpretation; general N.I.

2.—(1) In these Regulations—

“basic material” means propagating material intended for the production of certified material, which has been—

(a)

in relation to propagating material produced in Northern Ireland, certified as basic material in accordance with regulation 9;

(b)

[F1 in relation to propagating material produced outside Northern Ireland, certified as basic material by a responsible authority in accordance with—

(i)

in the case of material produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

(ii)

in the case of material produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 9(1) and (2);

(iii)

in the case of material produced in a member State, Article 15 of Directive 2014/98/EU;]

“basic mother plant” means a mother plant intended for the production of basic material;

“CAC material” means propagating material and fruit plants which—

(a)

are intended for the production of propagating material, fruit plants or fruit; and

(b)

in the case of—

(i)

plant material produced in Northern Ireland, meet the requirements for CAC material in Schedule 1; F2 ...

(ii)

[F3 in the case of material and plants produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

(iii)

in the case of material and plants produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to Schedule 1;

(iv)

in the case of material produced in a member State, Article 3 of Directive 2014/98/EU;]

“category” means pre-basic material, basic material, certified material or CAC material;

“certified” (and “certification” is to be construed accordingly) means—

(a)

in relation to plant material produced in Northern Ireland, officially certified by the Department, F4 ... in accordance with regulation 9;

(b)

[F5 in relation to plant material produced in the United Kingdom, other than in Northern Ireland, officially certified in accordance with the relevant fruit marketing regulations;

(c)

in relation to material produced in a member State, Article 3 of Directive 2014/98/EU, by the responsible authority in the member State concerned;]

“certified material” means any propagating material or fruit plants intended respectively for the production of fruit plants or the production of fruits, which have been—

(a)

in relation to propagating material and fruit plants produced in Northern Ireland, certified as certified material in accordance with regulation 9

(b)

[F6 in relation to propagating material and fruit plants produced in the United Kingdom, other than in Northern Ireland, certified as certified material, in accordance with the relevant fruit marketing regulations;

(c)

in relation to propagating material and fruit plants produced in a member State, certified as certified material, in accordance with Article 20 of Directive 2014/98/EU, by the responsible authority in the member State concerned;

(d)

in relation to propagating material and fruit plants produced in a Crown Dependency, certified as certified material, in accordance with legislation recognised by the Department as having equivalent effect to regulation 9(1) and (2);]

“certified mother plant” means a mother plant intended for the production of certified material;

“certified plant material” means plant material that is certified as pre-basic material, basic material or, as the case may be, certified material;

[F7 “Crown Dependency” means the Isle of Man or any of the Channel Islands;]

“cryopreservation” means the maintenance of plant material by cooling to ultra low temperatures in order to retain the viability of the material;

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

[F8 “the fruit marketing regulations” means—

(a)

as regards England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017;

(b)

as regards Scotland, the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017;

(c)

as regards Wales, the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017;]

“fruit plants” means plants intended to be planted or replanted, after marketing;

“inspector” means a person authorised by the Department to be an inspector for the purposes of these Regulations;

“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;

“marketing” means the sale, holding with a view to sale, offer for sale, and any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties, whether or not for consideration, and “marketed” is to be construed accordingly;

“micropropagation” means the multiplication of plant material in order to produce a large number of plants, using in vitro culture of differentiated vegetative buds or differentiated vegetative meristems taken from a plant;

“mother plant” means an identified plant intended for propagation;

“official description” means the description of a variety provided on—

(a)

registration; or

(b)

the grant of plant variety rights;

“official examination” means an examination or inspection conducted by an inspector, including one conducted by way of sample;

“official label” means—

(a)

in relation to certified plant material produced in Northern Ireland, a label issued or approved by the Department, which has not been previously used and which meets the requirements in Part 1 of Schedule 2;

(b)

[F9 in relation to certified plant material produced outside Northern Ireland, a label issued, as appropriate to the plant material to which the label relates, in accordance with—

(i)

in the case of material produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

(ii)

in the case of material produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to Part 1 of Schedule 2;

(iii)

in the case of material produced in a member State, Article 2 of Directive 2014/96/EU, by the responsible authority in the member State concerned;]

“officially recognised description” means a description of key morphological features that enable the variety to be identified;

“outside Northern Ireland” means any part of the United Kingdom other than Northern Ireland [F10 , any member State or any Crown Dependency];

F11 ...

“plant material” means the plants and materials described in regulation 4;

“plant variety rights” means rights granted under—

(a)

Part 1 of the Plant Varieties Act 1997 M1 ;

(b)

F12 ...

(c)

domestic legislation in countries or territories, other than those forming part of the United Kingdom, that affords plant variety protection in accordance with UPOV;

“practically free from defects” means that defects likely to impair the quality and usefulness of the propagating material or fruit plants, are present at a level equal to, or lower than, the level expected to result from good cultivating and handling practices, and that level is consistent with good cultivating and handling practices;

“pre-basic material” means propagating material intended for the production of basic material or certified material, other than fruit plants, which has been—

(a)

in relation to propagating material produced in Northern Ireland, certified as pre-basic material in accordance with regulation 9;

(b)

[F13 in relation to pre-basic material produced outside Northern Ireland, material certified as pre-basic, in accordance with—

(i)

in the case of material produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

(ii)

in the case of material produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 9(1) and (2);

(iv)

in the case of material produced in a member State, Article 3 or 4 of Directive 2014/98/EU, by the responsible authority in the member State concerned;]

“pre-basic mother plant” means a mother plant intended for the production of pre-basic material;

“propagating material” means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants;

[F14 “RNQP” means a Union regulated non-quarantine pest within the meaning given by Article 36 of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants as last amended by Regulation (EU) 2017/625 of the European Parliament and of the Council;]

“registered as a variety” (and “registration” is to be construed accordingly) means—

(a)

registration in Northern Ireland as a variety in accordance with Schedule 3; or

(b)

[F15 registration outside Northern Ireland as a variety in accordance with—

(i)

in the case of Scotland, Schedule 4 to the Marketing of Fruit Plant Propagating Material (Scotland) Regulations 2017;

(ii)

in the case of Wales, Schedule 4 to the Marketing of Fruit Plant Propagating Material (Wales) Regulations 2017;

(iii)

in the case of England, Schedule 4 of the Marketing of Fruit Plant Propagating Material (England) Regulations 2017;]

“responsible authority” means the authority established or designated by a member State in accordance with Article 2(11) of the Directive, responsible for the quality of plant material in the country or territory where the plant material was produced;

“supplier” means a person who is involved professionally in the reproduction, production, preservation, treatment, importation or marketing of plant material;

“supplier's document” means a document prepared by the supplier that meets the requirements in Part 2 of Schedule 2;

“variety” means a plant grouping within a single botanical taxon of the lowest known rank, which can be—

(a)

defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;

(b)

distinguished from any other plant grouping by the expression of at least one of the said characteristics; and

(c)

considered as an entity in view of its ability to be propagated unchanged;

“visual inspection” means the examination of plants or parts of plants in facilities, fields and lots, by the Department or, where appropriate, the supplier, using the unaided eye, lens, stereoscope or microscope.

(2) The Interpretation Act (Northern Ireland) 1954 M2 applies to these Regulations as it applies to an Act of the Assembly.

Textual Amendments

F1 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(d) (as amended by S.I. 2019/820, regs. 1(1), 5(7)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 2(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(e); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 2(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(f); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(g); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(h); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in reg. 2(1) omitted (23.12.2020) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 54(2)

F12 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(j); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in reg. 2(1) inserted (31.12.2020) by The Marketing of Seed Potatoes, Plant and Propagating Material Regulations (Northern Ireland) 2020 (S.R. 2020/359), regs. 1, 5(2)

F15 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(k); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1997 c.66

M2 1954 c.33 (N.I.)

Interpretation: European Union instruments N.I.

3.—(1) In these Regulations—

F16 ...

“Directive 2014/96/EU” means Commission Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC M3 [F17 as amended from time to time] ;

“Directive 2014/97/EU” means Commission Implementing Directive 2014/97/EU implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties M4 [F18 as amended from time to time] ;

“Directive 2014/98/EU” means Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections M5 [F19 as amended from time to time] ;

“the Directive” means Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production M6 [F20 as amended from time to time] .

[F21 “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014, and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;]

(2) Any reference in these Regulations to Annex I, Annex II, Annex III, Annex IV or Annex V to Directive 2014/98/EU is a reference to that Annex as amended from time to time.

Textual Amendments

F16 Words in reg. 3(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 5(3)

F17 Words in reg. 3(1) inserted (28.3.2019) by The Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/41), regs. 1(1), 5(2)(b)

F18 Words in reg. 3(1) inserted (28.3.2019) by The Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/41), regs. 1(1), 5(2)(c)

F19 Words in reg. 3(1) inserted (28.3.2019) by The Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/41), regs. 1(1), 5(2)(d)

F20 Words in reg. 3(1) inserted (28.3.2019) by The Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/41), regs. 1(1), 5(2)(e)

F21 Words in reg. 3(1) inserted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 54(3)

Marginal Citations

M3 OJ L 298, 16.10.2014, p.12

M4 OJ L 298, 16.10.2014, p.16

M5 OJ L 298, 16.10.2014, p.22

M6 OJ L 267, 8.10.2008, p.8, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJL 189, 27.6.2014, p.1).

Plant material to which these Regulations apply N.I.

4.—(1) Subject to paragraph (2), these Regulations apply in relation to—

(a) fruit plants and propagating material of the genera and species listed in Schedule 4 and their hybrids; and

(b) parts of plants, including rootstocks, of other genera or species and their hybrids if material from fruit plants listed in Schedule 4 (or any hybrid of such fruit plants) is, or is to be, grafted on to them.

(2) These Regulations do not apply in relation to plant material intended for export from Northern Ireland to any country outside the [F22 United Kingdom], provided the plant material is identified as such and kept sufficiently isolated.

Textual Amendments

F22 Words in reg. 4(2) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 55; 2020 c. 1, Sch. 5 para. 1(1)