(This note is not part of the Regulations)
These Regulations, give effect, in Northern Ireland, to Council Directives 2002/53/EC (OJ No L 193, 20.07.2002, p. 1) on the common catalogue of varieties of agricultural plant species and those elements of Council Directive 2002/55/EC (OJ No L 193, 20.7.2002, p. 33) on the marketing of vegetable seed which require member States to establish national lists of vegetable varieties.
Certain requirements of Council Directive 98/95/EC have not been transposed in full in these Regulations where there is existing provision in the Genetically Modified Organisms (Northern Ireland) Order 1991 (S.I. 1991/1714 (N.I.19)). The Order makes general provision for preventing damage to the environment from the release of genetically modified organisms. Relevant provisions include carrying out environmental risk assessments for genetically modified plant varieties, imposition of conditions appropriate for their cultivation and prohibition of their use where their cultivation could be harmful.
Regulation 3 defines expressions used in these Regulations and provides that expressions in the Regulations not so defined and which appear in Council Directives 2002/53/EC and 2002/55/EC have the same meaning in the Regulations as they have in those directives. Regulation 4 makes provision in relation to NI Variety Lists of plant varieties prepared and published in the Plant Varieties and Seeds Gazette
Regulation 5 provides for applications in relation to NI Variety Lists, regulation 6 provides for acceptance of plant varieties. Regulation 7 provides for amateur vegetable varieties and regulation 8 makes provision for the naming of plant varieties. The Department must be satisfied of the matters referred to in regulation 6(5) for acceptance on to NI Variety Lists of plant varieties of the species specified in Schedule 1. These include matters relating to genetically modified organisms; distinctness, stability and sufficient uniformity described in Part I of Schedule 2; and, in respect of the species of plant varieties other than the species described in Part III of Schedule 2, value for cultivation and use as described in Part II of Schedule 2.
Regulation 9 makes provision in relation to maintainers of plant varieties. Regulation 10 makes provision in relation to official measures and regulation 11 makes provision for arrangements for official measures. Regulation 12 provides for the charging of fees. The Department and persons with whom arrangements are made under regulation 11 may charge reasonable fees to cover the costs they reasonably incur in carrying out official measures. The Department may also charge persons concerned in matters connected with the Regulations reasonable fees to cover the costs the Department reasonably incurs in relation to the administration of official measures for the purposes of these Regulations; for example the administration and determination of applications for acceptance of plant varieties on to the NI Variety Lists.
Regulation 13 makes provision for marketing prohibition notices. Regulation 14 makes provision for maintenance of plant varieties accepted on to national lists. Regulation 15 provides that acceptance of plant varieties is initially for a period of 10 years and provides the conditions for renewal of acceptance. Regulation 16 provides for revocation of acceptance of plant varieties and maintainers of plant varieties and regulation 17 makes provision for records. Regulation 18 makes provision for representations and hearings in respect of proposed relevant decisions and regulation 19 makes provision for appeals against relevant decisions, except those in respect of naming of plant varieties.
Regulation 20 makes provision for obstruction and regulation 21 for offences and penalties. Regulation 22 makes provision for offences due to the fault of another person and the defence of due diligence, regulation 23 applies provisions of the Seeds Act (Northern Ireland) 1965 for the purposes of these Regulations, regulation 24 makes provision for enforcement and regulation 25 for service of notices etc. Regulation 26 provides for savings and transitional provisions. Regulation 27 provides for consequential amendments to seeds marketing regulations.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.