The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

PART 3 Amendment of the Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999

8.  The Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999(1) are amended as follows.

9.  In regulation 2(2)—

(a) omit the definition of “Directive 77/93/EEC”;

(b) omit the definition of “Regulation 2100/94”;

(c) in the definition of “supplier”, for “from third countries”, substitute “from the United Kingdom”;

(d) omit the definition of “third country” and the “and” immediately preceding it.

10.  In regulation 3(2)(a), for “to third countries”, substitute “from the United Kingdom”.

11.  In regulation 6A(4), for the definition of “responsible official body”, substitute—

““responsible official body” has the meaning given in the Plant Health (Northern Ireland) Order 2018(2).”.

12.  In regulation 9(2), for “Council Directive 77/93/EEC” substitute “the Plant Health (Northern Ireland) Order 2018”.

13.  In regulation 11(1)—

(a) in sub-paragraph (a), omit “Community plant variety rights pursuant to Regulation 2100/94 or”;

(b) in sub-paragraph (c)(iii), for “Community plant variety right” to the end, substitute “plant breeders’ right in respect of the variety under the Plant Varieties Act 1997(3)”.

14.  In regulation 12—

(a) in the heading, for “in third countries”, substitute “outside of the United Kingdom”;

(b) in paragraph (1)—

(i) for “from a third country”, substitute “into the United Kingdom”;

(ii) for “Directive 98/56/EC”, substitute “these Regulations”;

(c) in paragraphs (2) and (4)—

(i) at the beginning, insert “Subject to paragraph (5), ”;

(ii) omit “from a third country”;

(d) after paragraph (4), insert—

“(5) Paragraphs (2) and (4) do not apply to suppliers importing propagating material produced in—

(a) the European Union before the end of the period of two years beginning with the day after the day on which exit day falls;

(b) the Channel Islands or the Isle of Man.”.

Amendment of the Schedule (Information to appear on a supplier’s label or other document)

15.  In the Schedule—

(a) in paragraph 1, for “EC”, substitute “UK”;

(b) omit paragraph 2;

(c) in paragraph 3, insert, at the end “and its abbreviated country code”;

(d) in paragraph 10, for “ from a third country”, substitute “into the United Kingdom”.

(1)

S.R. 1999 No. 502, as amended by S.R. 2018 No. 188.

(2)

S.I. 2018 No. 184.

(3)

1997 c.66.