The Marketing of Fruit Plant Material (Amendment) Regulations (Northern Ireland) 2004

Statutory Rules of Northern Ireland

2004 No. 430

PLANT HEALTH

The Marketing of Fruit Plant Material (Amendment) Regulations (Northern Ireland) 2004

Made

8th October 2004

Coming into operation

31st October 2004

The Department of Agriculture and Rural Development(1), being a Department designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2), and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Marketing of Fruit Plant Material (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 31st October 2004.

Amendment of Regulations

2.  For Schedule 1, (Species and Genera to which the Regulations apply), of the Marketing of Fruit Plant Material Regulations (Northern Ireland) 1995(4) there shall be substituted Schedule as set out in the Schedule 1 to these Regulations.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 8th October 2004.

L.S.

David Small

A senior officer of the

Department of Agriculture and Rural Development

SCHEDULE

Regulation 2

“SCHEDULE 1 Species and Genera to which the Regulations apply

Castanea sativa Mill. (Chestnut) Citrus L. (e.g. Grapefruit, Lemon, Lime, Mandarin and Orange) Corylus avellana L. (Hazel) Cydonia oblonga Mill. (Quince) Ficus carica L. (Common edible fig) Fortunella Swingle (Kumquat) Fragaria L. (all cultivated strawberry species) Juglans regia L. (Walnut) Malus Mill. (Apple) Olea europaea L. (Olive) Pistacia vera L. (Pistachio) Poncirus Raf. (Trifoliate orange)

Prunus armeniaca L. (Apricot) Prunus avium (L.) L. (Sweet cherry) Prunus cerasus L. (Sour cherry) Prunus domestica L. (Plum) Prunus dulcis (Mill.) D A Webb (Almond but described as Prunus amygdalus Batsch in Directive 2003/111/EC) Prunus persica (L.) Batsch (Peach) Prunus salicina Lindley (Japanese Plum) Pyrus L. (all cultivated edible pears, including perry pears) Ribes L. (Blackcurrant, gooseberry, redcurrant and white currant) Rubus L. (Blackberry, raspberry and hybrid berries) Vaccinium L. (e.g. Blueberry, cranberry and bilberry)”

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Marketing of Fruit Plant Material Regulations (Northern Ireland) 1995 and give effect to Commission Directive 2003/111 EC (O.J. No. L311, 27.11.2003, p. 12) amending Annex II to Directive 92/34/EEC on the marketing of fruit plant propagating material and fruit plants intended for fruit production.

Regulation 2 substitutes Schedule 1 of the Marketing of Fruit Plant Material Regulations 1995 with a new Schedule 1, which cover additional genera and species, not previously included in the 1995 Regulations.

(1)

Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I. 1), Art. 3 (4)

(2)

S.I. 1972/1811

(3)

1972 c. 68: section 2 is subject to Schedule 2 to that Act and is to be read with S.I. 1984/703 (N.I. 3) and S.R. 1984 No. 253

(4)

S.R. 1995/416