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.