Oil and Fibre Plant Seeds (Amendment) Regulations (Northern Ireland) 2001

Amendment of the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 1994

2.—(1) The Oil and Fibre Plant Seeds Regulations (Northern Ireland) 1994(1), shall be amended as follows.

(2) In regulation 3(1)—

(a) after the definition of “the Department” there shall be inserted the following definition—

• ““genetically modified” has the same meaning as for the purposes of Council Directive 90/220/EEC(2) on the deliberate release into the environment of genetically modified organisms;”;

(b) the definition of “marketing” shall be deleted; and

(c) for the definition of “official examination” there shall be substituted the following definition—

• ““official examination” means—

  (a)

  in relation to Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation, Certified Seed of the Third Generation or Commercial Seed produced in the United Kingdom—

  (i)

  an examination or a test carried out by or on behalf of the Department, the Minister of Agriculture, Fisheries and Food, the Scottish Ministers or the National Assembly for Wales;

  (ii)

  an examination carried out under official supervision; or

  (iii)

  a test carried out by an establishment licensed as a seed testing station under official supervision;

  (b)

  in relation to Breeder’s Seed, Pre-basic Seed and Basic Seed, produced in the United Kingdom—

  (i)

  an examination or a test carried out by or on behalf of the Department, the Minister of Agriculture, Fisheries and Food, the Scottish Ministers or the National Assembly for Wales; or

  (ii)

  a test carried out by an establishment licensed as a seed testing station under official supervision; and

  (c)

  in relation to any description of seed produced elsewhere than in the United Kingdom, an examination or a test approved by the Department, the Minister of Agriculture, Fisheries and Food, the Scottish Ministers or the National Assembly for Wales;”.

(3) After paragraph (2) of regulation 3 there shall be inserted the following paragraphs—

“(2A) For the purposes of these Regulations, seeds—

(a) produced and packaged in a member State other than the United Kingdom or a third country;

(b) accompanied by a document validly issued by a competent authority in that member State or third country containing information specified at section E(c) of Part I of Schedule 6; and

(c) in respect of which an application has been made for a breeder’s confirmation under these Regulations,

shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation.

(2B) For the purposes of these Regulations, seeds—

(a) produced and packaged in a member State other than the United Kingdom or a third country;

(b) accompanied by a document validly issued by a competent authority in that member State or third country containing information specified (in respect of packages of seed not finally certified) at section E(c) of Part I of Schedule 6; and

(c) in respect of which an application has been made for an official certificate under these Regulations,

shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation or an official certificate.

(2C) For the purposes of these Regulations, seeds—

(a) produced and packaged in a member State other than the United Kingdom or a third country;

(b) labelled appropriately in accordance with the requirements of regulation 9; and

(c) in the case of a small package of seeds, sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than a small package of seeds, validly sealed by a competent authority in a member State other than the United Kingdom or a third country,

shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (2).”.

(4) At the end of regulation 3 there shall be added the following paragraphs—

“(5) In these Regulations “marketing” means—

(a) selling, holding with a view to sale and offering for sale; and

(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration; and “market” and “marketed” shall be construed accordingly.

(6) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—

(a) the supply of seed to official testing and inspection bodies; or

(b) the supply of seed to any person for the purpose of processing or packaging the seed provided he does not acquire title to the seed supplied,

shall not be treated as marketing of seed of that variety.”.

(5) In regulation 4—

(a) in paragraph (1), for the words “Subject to paragraphs (2) and (3)” there shall be substituted the words “Subject to paragraph (2)”;

(b) in paragraph (2), sub-paragraphs (b), (c) and (d) shall be revoked; and

(c) paragraph (3) shall be revoked.

(6) In regulation 5(1)—

(a) in paragraph (iii) of sub-paragraph (b) for the words “Regulation 9(1)” there shall be inserted the words “regulation 9(1), (1B),”; and

(b) after sub-paragraph (b) there shall be added the following sub-paragraph—

“(c) in the case of genetically modified seeds, clearly indicated, in the sales catalogue of the person marketing the seeds and in any other marketing information or marketing representations provided by that person, as having been genetically modified.”.

(7) After paragraph (1) of regulation 5 there shall be inserted the following paragraph—

“(1A) Paragraph (1) shall not prevent the marketing of seed as grown, marketed for processing, provided that the identity of the seed is ensured.”.

(8) After paragraph (2) of regulation 5 there shall be inserted the following paragraphs—

“(2A) Where there is an arrangement under which—

(a) seed, other than seed which contains any genetically modified material, under the control of one person is used by another person for the purpose of—

(i) increasing the first person’s stock of the seed for sowing; or

(ii) carrying out tests or trials on the seed; and

(b) everything produced from the seed, whether directly or indirectly, and any unused seed, become or remain the property of the first person,

the prohibitions in paragraph (1) shall not apply to the marketing of the seed by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of any seed produced (whether directly or indirectly) from that seed.

(2B) The prohibitions in paragraph (1) shall not apply to the marketing by producers of small quantities of seed, other than seed which contains any genetically modified material, for scientific purposes or selection work.

(2C) If the conditions specified in paragraph (2D) are satisfied, the prohibitions in paragraph (1) shall not apply to—

(a) the marketing, as part of any arrangement referred to in paragraph (2A) by the first person referred to in that paragraph to the second person referred to in that paragraph, of seed which contains any genetically modified material;

(b) the marketing, as part of any arrangement referred to in paragraph (2A) by the second person referred to in that paragraph to the first person referred to in that paragraph, of seed produced (whether directly or indirectly) from the seed marketed to him as part of any such arrangement which contains any genetically modified material; or

(c) the marketing by producers, for scientific purposes or selection work, of small quantities of seed which contains any genetically modified material.

(2D) The conditions referred to in paragraph (2C) are—

(a) the deliberate release of the genetically modified material has been authorised under a Part B consent, or the genetically modified material has been accepted for marketing in accordance with a Part C consent, issued for the purposes of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms;

(b) the seeds are accompanied during marketing by a copy of the consent;

(c) all appropriate measures, in accordance with an environmental risk assessment in respect of the material carried out in accordance with article 7(4) of Council Directive 70/457/EEC(3), have been taken by the producer of the seed to avoid adverse effects on human health and the environment; and

(d) in the case of genetically modified material accepted for marketing in accordance with a Part C consent, an authorisation has been granted by the Department in accordance with paragraph (2E) to the person marketing the seed.

(2E) An authorisation may be granted by the Department for the purpose of paragraph (2D)(d) if—

(a) the person intending to market the seed has applied to the Department no later than 15 working days before the seed is marketed—

(i) giving the Department notice of his intention to market the seed and a description of the proposed marketing in respect of which the authorisation is sought; and

(ii) giving the Department such information relating to the acceptance for marketing of the variety of the seed concerned under Council Directive 90/220/EEC, and the proposed marketing in respect of which the authorisation is sought, as the Department may require for the purposes of determining whether or not to grant the authorisation; and

(b) the Department is satisfied that an authorisation should be granted.”.

(9) After paragraph (8) in regulation 5 there shall be inserted the following paragraphs—

“(8A) Oil and fibre plant seeds produced and packaged in a member State other than the United Kingdom intended for official certification in the United Kingdom shall not be marketed unless they are—

(a) sealed and labelled as required by regulations 8 and 9; and

(b) accompanied by an official document containing all the information in respect of the seeds specified at Section E of Part I of Schedule 6.

(8B) A person who imports a package containing a net weight of more than 2 kilograms of oil and fibre plant seeds produced in a country other than another member State shall make available to the Department, in such manner and at such time as the Department may require, the information in respect of the seeds specified in Part IV of Schedule 6.”.

(10) In regulation 9—

(a) after paragraph (1A) there shall be inserted the following paragraph—

“(1B) If a variety has been genetically modified, any label or document, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified.”; and

(b) in paragraph (4A)(b) for the words “Part IV” there shall be substituted the words “Part V”.

(11) In Schedule 6—

(a) in Part II, paragraph (a)8 shall be revoked;

(b) “Part IV” (Printing of Specified Matters on Packages (whole-bag labelling)) shall be renumbered “Part V”; and

(c) after Part III there shall be inserted the following Part—

“Part IV Information in respect of seeds imported from third countries in packages more than 2 kilograms in net weight

1.   Species.

2.   Variety.

3.   Category.

4.   Country of production and official inspection authority.

5.   Country of despatch.

6.   Importer.

7.   Quantity of seed.”.

(1)

S.R. 1994 No. 255 as amended by S.R. 1996 No. 312, S.R. 1997 No. 240 and S.R. 2000 No. 55

(2)

O.J. No. L117, 8.5.90, p. 15; as last amended by Commission Decision 98/294/EC, O.J. No. L131, 5.5.98, p. 33

(3)

O.J. No. L225, 12.10.1970, p. 1; as last amended by Council Directive 98/96/EC (O.J. No. L25, 1.2.1999, p. 27)