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

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Amendment of Schedule 2 (Certification requirements)N.I.

This section has no associated Explanatory Memorandum

50.  In Schedule 2—

(a)in paragraph 6—

(i)in sub-paragraph (1), after Article 2(3)(A), insert “ (a) to (d) ”;

(ii)in sub-paragraph (3), for Annex III to that Directive”, substitute “ Schedule 3 ”;

(iii)after sub-paragraph (5), insert—

(6) For the purposes of this paragraph, Council Directive 2002/54/EC is to be read as if—

(a)in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the member State concerned”, there were substituted “ licensed by the Department ”;

(b)in Annex I—

(i)in point A—

(aa)in paragraph 3, for “certification authority” there were substituted “ Department ”;

(bb)in the last paragraph, for the words from “the common” to “that Directive”, there were substituted “ United Kingdom National List ”;

(ii)in point B, in paragraph 3(c)—

(aa)the reference to “member States” were a reference to “The Department”;

(bb)the reference to “Community” were omitted..

(b)in paragraph 13—

(i)in sub-paragraph (1), after Article 2(3)(A), insert “ (a) to (d) ”;

(ii)in sub-paragraph (2), after “that Directive”, insert “ (with the omission of paragraphs 1a(f) and 1b) ”;

(iii)after sub-paragraph (2), insert—

(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 66/402/EEC is to be read as if—

(a)in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the member State concerned”, there were substituted “ licensed by the Department ”;

(b)in Article 7—

(i)the reference to “member States” were a reference to “The Department”;

(ii)in paragraph 1a(a), for “seed certification authority of the member State concerned”, there were substituted “ Department ”..

(c)in paragraph 25—

(i)in sub-paragraph (1), after Article 2(3)(A), insert “ (a) to (d) ”;

(ii)after sub-paragraph (1), insert—

(1A) For the purposes of sub-paragraph (1), Council Directive 66/401/EEC is to be read as if—

(a)in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the member State concerned”, there were substituted “ licensed by the Department ”;

(b)in Annex I, in paragraph 4, in the second sub-paragraph, the words from “Upon” to the end were omitted.;

(d)in paragraph 37—

(i)in sub-paragraph (1), after Article 2(5)(A), insert “ (a) to (d) ”;

(ii)after sub-paragraph (1), insert—

(1A) For the purposes of sub-paragraph (1), Council Directive 2002/57/EC is to be read as if—

(a)in Article 2(5)(A)(a)(iii), for “officially licensed by the seed certification authority of the member State concerned”, there were substituted “ licensed by the Department ”;

(b)in Annex 2, in Part 1, in paragraph 5C the last sub-paragraph were omitted.;

(e)in paragraph 38(2), omit “or the Common Catalogue”;

(f)in paragraph 44—

(i)in sub-paragraph (1), after Article 2(4)(A), insert “ (a) to (d) ”;

(ii)in sub-paragraph (2), after “Article 25”, insert “ (with the omission of paragraphs 1a(F) and 1b) ”;

(iii)after sub-paragraph (2), insert—

(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 2002/55/EC is to be read as if—

(a)in Article 2(4)(A)(a)(iii), for “officially licensed by the seed certification authority of the member State concerned”, there were substituted “ licensed by the Department ”;

(b)in Article 25—

(i)references to “member States” were references to “the Department”;

(ii)in paragraph 1a(a), for “seed certification authority of the member State concerned”, there were substituted “ Department ”.;

Commencement Information

I1Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

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