2002 No. 407
F1F2F3F4F5SEEDS

Seeds (Fees) (No. 2) Regulations (Northern Ireland) 2002

Made
Coming into operation
The Department of Agriculture and Rural Development, in exercise of the powers conferred on it by sections 1(1), 1(2A)1, 2(2) and (4) of the Seeds Act (Northern Ireland) 19652 and of every other power enabling it in that behalf, after consultation with representatives of such interests as appear to it to be concerned and with the approval of the Department of Finance and Personnel3 with regard to the licensing fee for licensed testing establishments, hereby makes the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Seeds (Fees) (No. 2) Regulations (Northern Ireland) 2002 and shall come into operation on 29th January 2003.

Fees2.

(1)

Subject to regulation 3 there shall be paid to the Department in respect of matters arising under the Regulations referred to in Schedules 1 to 6 the fees set out in Column (3) of each of those Schedules opposite the respective references to such matters in Column (1), and in accordance with Column (2), of each of those Schedules.

(2)

Paragraph (1) shall apply to matters listed in Column (1) of Schedules 1 to 6 arising in relation to breeder’s confirmations as it does to matters so listed arising in relation to official certificates.

Exemption3.

The Department may exempt any person or class of persons, or persons generally, from compliance with any of the provisions of these Regulations and the exemptions may be made subject to conditions.

Revocation4.

The Seeds (Fees) Regulations (Northern Ireland) 20024 are hereby revoked.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 18th December 2002.

D. Small
A senior officer of the
Department of Agriculture and Rural Development

The Department of Finance and Personnel hereby approves the foregoing Regulations in regard to the licensing fee for licensed testing establishments.

Sealed with the Official Seal of the Department of Finance and Personnel on 18th December 2002.

Jack Leyberry
A senior officer of the
Department of Finance and Personnel

SCHEDULE 1MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS (NORTHERN IRELAND) 19945

Regulation 2

(1)

(2)

(3)

Matter

When Payable

Fee

£

A. Initial fees

Initial fee per hectare or part thereof for crops intended to produce:–

On application for registration

(i)

pre-basic or basic seed

24·60

(ii)

certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize

6·20

(iii)

certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

5·50

B. Crop inspection fees

Fee for official examination or re-examination of crops intended to produce seed as set out in A(i), (ii) or (iii) per hectare or part thereof examined

Within one month of demand by the Department

12·30

Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation or certified seed of the second generation, per hectare or part thereof examined

12·30

C. Seed lot fee

Fee for the issue of an official certificate in respect of a seed lot entered as:–

On application

(i)

breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize

40·65

(ii)

certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

20·30

D. Seed testing fees

Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined)

Within one month of demand by the Department

35·70

E. Seed lot re-entry fee

Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:–

On application

(i)

pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize

28·45

(ii)

certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

14·20

SCHEDULE 2MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS (NORTHERN IRELAND) 19946

Regulation 2

(1)

(2)

(3)

Matter

When Payable

Fee

£

A. Initial fees

Initial fee per hectare or part thereof for crops intended to produce: –

On application for registration

(i)

pre-basic or basic seed of–

(a)

grasses, legumes (except field beans and field peas) and crucifers

18·50

(b)

field beans and field peas

16·00

(ii)

certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow- leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers

8·65

(iii)

certified seed of the first and second generation of field beans and field peas

7·40

(iv)

certified seed of the first generation white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne

8·65

B. Crop inspection fees

Fee for official examination or re-examination of crops intended to produce seed as set out in A(i), (ii), (iii) or (iv) per hectare or part thereof examined

Within one month of demand by the Department

12·30

Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow- leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers or certified seed of the first generation and certified seed of the second generation of field beans and field peas or certified seed of the first generation white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne per hectare or part thereof examined

12·30

C. Seed lot fee

Fee for the issue of an official certificate in respect of a seed lot entered as:–

On application

(i)

breeder’s seed of–

(a)

grasses, legumes (except field beans and field peas) and crucifers

33·30

(b)

field beans and field peas

54·20

(ii)

pre-basic or basic seed of–

(a)

grasses, legumes (except field beans and field peas) and crucifers

62·85

(b)

field beans and field peas

54·20

(iii)

certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers

62·85

(iv)

certifed seed of the first and second generation of field beans and field peas

50·50

ivA

certifed seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne

62·85

(v)

commercial seed of the kinds for the time being specified in regulation 3(2) of the Fodder Plant Seeds Regulations (Northern Ireland) 1994

55·45

D. Seed lot re-entry fee

Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:–

On application

(i)

pre-basic or basic seed of–

(a)

grasses, legumes (except field beans and field peas) and crucifers

44·00

(b)

field beans and field peas

37·95

(ii)

certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers

44·00

(iii)

certified seed of the first and second generation of field beans and field peas

35·35

iiiA

certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne

44·00

(iv)

commercial seed of the kinds for the time being specified in regulation 3(2) of the Fodder Plant Seeds Regulations (Northern Ireland) 1994

38·80

SCHEDULE 3MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS (NORTHERN IRELAND) 19947

Regulation 2

(1)

(2)

(3)

Matter

When Payable

Fee

£

A. Initial fees

Initial fee per hectare or part thereof for crops intended to produce:–

On application for registration

(i)

pre-basic or basic seed

27·15

(ii)

all other categories of seed

12·95

B. Crop inspection fees

Fee for official examination or re-examination of crops intended to produce seed as set out in A(i) or (ii) per hectare or part thereof examined

Within one month of demand by the Department

12·30

Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed of the third generation, per hectare or part thereof examined

12·30

C. Seed lot fee

Fee for the issue of an official certificate in respect of a seed lot entered as:–

On application

(i)

breeder's, pre-basic or basic seed

49·30

(ii)

all other categories of seed

49·30

D. Seed testing fees

Fee for an official examination of seed for:–

Within one month of demand by the Department

(i)

sunflower for Botrytis spp

41·85

(ii)

flax and linseed for–

(a)

Alternaria spp

(b)

Phoma exiqua var. linicola

(c)

Colletotrichum lini

(d)

Fusarium spp

(e)

Botrytis spp

34·45

(iii)

soya bean for Pseudomonas syringae pv. glycinea spp

for one sub-sample test

60·00

for five sub-sample tests

200·00

(iv)

soya bean for Diaporthe phaselorum spp

37.50

E. Seed lot re-entry fee

Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:–

On application

(i)

pre-basic or basic seed

34·50

(ii)

all other categories of seed

34·50

SCHEDULE 4MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS (NORTHERN IRELAND) 19948

Regulation 2

(1)

(2)

(3)

Matter

When Payable

Fee

£

A. Initial fees

Initial fee per hectare or part thereof for crops intended to produce:–

On application for registration

(i)

pre-basic or basic seed

32·05

(ii)

certified seed

14·80

B. Crop inspection fees

Fee for official examination or re-examination of crops intended to produce seed as set out in A(i) or (ii) per hectare or part thereof examined

Within one month of demand by the Department

12·30

Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, per hectare or part thereof examined

12·30

C. Seed lot fee

Fee for the issue of an official certificate in respect of a seed lot entered as:–

On application

(i)

pre-basic or basic seed

60·40

(ii)

certified seed

59·10

D. Seed lot re-entry fee

Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:–

On application

(i)

pre-basic or basic seed

42·30

(ii)

certified seed

41·40

SCHEDULE 5MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS (NORTHERN IRELAND) 19949

Regulation 2

(1)

(2)

(3)

Matter

When Payable

Fee

£

A. Initial fees

Initial fee for crops intended to produce:–

On application for registration

(i)

pre-basic or basic seed of–

(a)

all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered

43·10

(b)

peas and broad beans per hectare or part thereof entered

27·15

(c)

cucumber, gherkin and tomato, per crop entered

43·10

(ii)

certified seed of–

(a)

all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered

23·35

(b)

peas and broad beans per hectare or part thereof entered

11·10

(c)

cucumber, gherkin and tomato, per crop entered

23·35

B. Crop inspection fees

Fee for official examination or re-examination of crops intended to produce:–

Within one month of demand by the Department

(i)

A(i)(a) or (b) and A(ii)(a) or (b), per hectare or part thereof examined

12·30

(ii)

A(i)(c) and A(ii)(c), per crop examined

12·30

Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce:

(i)

A(ii)(a) or (b), per hectare or part therof examined

12·30

(ii)

A(ii)(c), per crop examined

12·30

C. Seed lot fee

Fee for the issue of an official certificate in respect of a seed lot entered

On application

98·55

D. Seed lot re-entry fee

Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered

On application

69·00

SCHEDULE 6MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS (NORTHERN IRELAND) 199410

Regulation 2

(1)

(2)

(3)

Matter

When Payable

Fee

£

A. Representations by, and hearings of, a seed merchant, processor or packer

(i)

Fee for making written representations to the Department

On making representations

30·80

(ii)

Fee for being heard by a person appointed by the Department

On applying to be heard

61.60

B. Licensed Seed Testing Establishments

(i)

Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year)

Within one month of demand by the Department, annually in advance

2,033.00

(ii)

Fee payable by the owner or person in charge of a Licensed Seed Testing Station in respect of an official examination of seed

Within one month of demand by the Department, annually in arrears

8·75

C. Examination fees

(i)

Examination for crop inspector in respect of

  • c ereals

  • field beans, field peas and pulses, or

  • grasses and herbage legumes

(a)

examination

Before the examination

142·80

(b)

re-sit of examination (other than cereals)

Before the examination

142·80

(c)

re-sit of either part of cereals examination

Before the examination

71.40

(d)

re-test

Before the examination

71·40

(ii)

Examination for crop inspector in respect of

  • sugar beet, or

  • fodder and oil

  • crucifers; turnips; fodder beet and mangels; flax and linseed; soya beans

(a)

examination

Before the examination

89·25

(b)

re-sit of examination

Before the examination

89·25

(c)

re-test

Before the examination

71.40

(iii)

Examination for seed sampler

Before the examination

89·25

(This note is not part of the Regulations.)

Regulations controlling the marketing of cereal seeds, fodder plant seeds, beet seeds, oil and fibre plant seeds, and vegetable seeds (“seed regulations”) provide that, with certain exceptions, seeds of these categories may only be marketed if they are derived from crops which on inspection are found to meet certain standards and if upon subsequent testing samples of the seed also meet certain standards.

These Regulations, which are made under the Seeds Act (Northern Ireland) 1965, prescribe fees for certain initial applications, crop inspection fees, seed lot fees, seed testing fees and fees in relation to licensed seed testing establishments. Fees are also prescribed in relation to the making of written representations by, and hearings involving, seed merchants, processors or packers. They also provide that the same fees shall be payable in relation to breeder’s confirmations as are payable in relation to official certificates (regulation 2(2)).

The matters in respect of which the fees are prescribed are listed in Schedules 1 to 6 and replace the fees prescribed by the Seeds (Fees) Regulations (Northern Ireland) 2002 (the 2002 Regulations). These Regulations were annulled by the Northern Ireland Assembly on 17 September 2002. The level of the fees is the same as under the Seeds (Fees) Regulations (Northern Ireland) 1999 (the 1999 Regulations). The Regulations also reinstate fees first introduced by the 2002 Regulations for examinations of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed of the third generation. Provision is also made for fees to be charged for examinations for crop inspectors and seed samplers. The level of these fees is, however, 5% lower than the level set for those under the 2002 Regulations.