The Seeds (Variety Lists) Regulations (Northern Ireland) 2020

Interpretation

2.  In these Regulations—

“the 1990 Directive” means Council Directive 90/220/EEC(1) on the deliberate release into the environment of genetically modified organisms, as amended from time to time;

“the 2001 Regulations” means the Seeds (National Lists of Varieties) Regulations 2001(2);

“authorised officer” means an officer authorised by the Department for the purposes of these Regulations;

“a B List vegetable variety” means a variety whose seed may not be controlled except as standard seed;

“certified”, in relation to seed, has the same meaning as in the Seed Marketing Regulations and “certification” shall be construed accordingly;

“the Commission Regulation” means Commission Regulation (EC) No 637/2009(3) establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species, as amended from time to time;

“a Common Catalogue” means, as the case may be, either the Common Catalogue of varieties of species of agricultural plants or the Common Catalogue of varieties of species of vegetables, both published in the Official Journal of the European Communities;

“the Common Catalogue Directive” means Council Directive 2002/53/EC(4) on the common catalogue of varieties of agricultural plant species, as amended from time to time;

“conservation variety” means a landrace or plant variety of a species specified in Part I of Schedule 1 that is naturally adapted to the local and regional conditions (or, in the case of a vegetable variety, that has been traditionally grown in particular localities and regions) and is threatened by genetic erosion, and for these purposes—

(a)

“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and

(b)

“genetic erosion” means loss of genetic diversity between and within populations or varieties of the same species over time, or reduction of the genetic basis of a species due to human intervention or environmental change;

“the Deliberate Release Directive” means Council Directive 2001/18/EC(5) on the deliberate release into the environment of genetically modified organisms, as amended from time to time;

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

“derogated species” means a species of plant specified in Part II of Schedule 1;

“the Equivalence Decision” means Council Decision 2005/834/EC(6) on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC, as amended from time to time;

“the Fees Regulations” means the Seeds (National Lists of Varieties) (Fees) Regulations 1994(7);

“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003(8) on genetically modified food and feed, as amended from time to time;

“the Gazette” means the Plant Varieties and Seeds Gazette published in accordance with section 34(1) of the Plant Varieties and Seeds Act 1964(9);

“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;

“maintainer”, in respect of a plant variety, means a person named in or ascertainable by reference to a National List as responsible for maintaining a variety in accordance with the characteristics to which regard was had when that variety was accepted on a National List; and “maintenance” shall be construed accordingly;

“name”, in respect of a plant variety, includes denomination;

“NI Variety List” means any list of varieties of species of agricultural plants and varieties of species of vegetables, prepared and published in accordance with regulation 3;

“the Novel Foods Regulation” means Council Regulation (EC) No 258/97(10) concerning novel foods and food ingredients, as amended from time to time;

“official measures” includes official examinations, growing trials, tests and assessments;

“person affected”, in respect of a proposed relevant decision or a relevant decision, means—

(a)

any person to whom the Department have given notice of the proposed relevant decision or the relevant decision;

(b)

any person appearing to the Department to have a sufficient interest in the matter to which the decision relates; and

(c)

any person or organisation appearing to the Department to be representative of a class of persons likely to be affected by the decision;

“region of origin” means the region identified by the Department when a conservation variety is accepted on to an NI Variety List as being the region in which the variety has historically been grown and to which it is naturally developed;

“relevant decision” means a decision of the Department—

(a)

under regulation 5 to accept or refuse a plant variety on to an NI Variety List;

(b)

that it is satisfied a plant variety has a name suitable, in accordance with regulation 7, for publication in the Gazette;

(c)

to accept, or refuse to accept, an application under regulation 8;

(d)

to renew, or not to renew, the acceptance of a variety under regulation 14; or

(e)

to revoke the acceptance of a variety under regulation 15, replace the original acceptance of a variety under that regulation or delete the name of a person as the maintainer of a variety under regulation 15(4)(e);

and “proposed relevant decision” and “proposal for a relevant decision” shall be construed accordingly;

“the relevant legislation” means—

(a)

in respect of a genetically modified variety any material derived from which is intended to be used as food or a food ingredient within the meaning of Article 2 of Council Regulation (EC) No 178/2002(11) laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and falling within the scope of Article 3 of the Food and Feed Regulation—

(i)

in relation to material authorised before 18 April 2004—

(aa)

the 1990 Directive; or

(bb)

the Deliberate Release Directive;

(cc)

the Novel Foods Regulation; and

(ii)

in relation to material authorised on or after 18 April 2004, the Food and feed Regulation;

(b)

in respect of a genetically modified variety any material derived, from which is intended to be used as feed or a feed ingredient within the meaning of Article 3 of Council Regulation (EC) No 178/2002 and falling within the scope of the Food and Feed Regulation, as amended from time to time—

(i)

in relation to material authorised before 18 April 2004—

(aa)

the 1990 Directive; or

(bb)

the Deliberate Release Directive; and

(ii)

in relation to material authorised on or after 18 April 2004, the Food and Feed Regulation; and

(c)

in respect of a genetically modified variety any material derived from which is intended to be used for any other purpose—

(i)

the 1990 Directive; or

(ii)

the Deliberate Release Directive;

“seeds” means seeds for sowing;

“the Seeds Marketing Directives” means—

(a)

Council Directive 2002/54/EC on the marketing of beet seed(12);

(b)

Council Directive 66/402/EEC on the marketing of cereal seed(13);

(c)

Council Directive 66/401/EEC on the marketing of fodder plant seed(14);

(d)

Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants(15);

(e)

Council Directive 2002/56/EC on the marketing of seed potatoes(16); and

(f)

Council Directive 2002/55/EC on the marketing of vegetable seed(17),

in each case as amended from time to time;

“the Seed Marketing Regulations” means the Seed Marketing Regulations (Northern Ireland) 2016(18);

“standard seed”, in relation to seed of a vegetable variety, has the same meaning as in the Seed Marketing Regulations;

“the Tribunal” means the tribunal continued as the Plant Varieties and Seeds Tribunal by section 42 of the Plant Varieties Act 1997(19);

“varietal association” means an association of—

(a)

certified seed of a male-sterile hybrid variety accepted on to an NI Variety List or a Common Catalogue; with

(b)

certified seed of one or more varieties capable of shedding pollen accepted on to an NI Variety List or a Common Catalogue;

mechanically combined in proportions jointly determined by the maintainers of all the varieties in the association;

“a variety known in the European Union”, is any variety—

(a)

accepted on to—

(i)

an NI Variety List;

(ii)

a list of a member State corresponding to an NI Variety List; or

(iii)

a Common Catalogue; or

(b)

in respect of which an application for acceptance on to an NI Variety List or a list of a member State corresponding to an NI Variety List has been submitted and has not been determined,

and “a variety not known in the European Union” shall be construed accordingly; and

“the Vegetable Seed Marketing Directive” means Council Directive 2002/55/EC on the marketing of vegetable seed(20),as amended from time to time.

(2) Subject to paragraph (3), “marketing” means—

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

(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.

(3) 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; and

(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

shall not be regarded as marketing of seed of that variety.

(4) Expressions in these Regulations which are not defined in the preceding paragraphs and which appear or are referred to in the Common Catalogue Directive have the same meaning in these Regulations as in that Directive.

(5) Expressions in these Regulations which are not defined in the preceding paragraphs and which appear or are referred to in the Vegetable Seed Marketing Directive have the same meaning in these Regulations as in that Directive.

(6) The Interpretation Act (Northern Ireland) 1954(21) shall apply to these Regulations as it applies to an Act of the Assembly.

(1)

OJ No L 117, 8.5.1990, p. 15.

(2)

S.I. 2001/3510, as amended by S.I. 2004/2949, 2007/1871, 2008/2683, 2009/1273, 2010/1195, 2011/464, 2012/2897, 2013/2042 and 2020/579.

(3)

OJ No L 191, 23.7.2009, p. 10.

(4)

OJ No L 193, 20.07.2002, p. 1.

(5)

OJ No L 106, 17.4.2001, p. 1.

(6)

OJ No L 312, 29.11.2005, p. 51.

(7)

S.I. 1994/676, relevant amending instruments are S.I. 1997/383, 1999/1090, 2001/3510.

(8)

OJ No L 268, 18.10.2003, p. 1.

(9)

1964 c. 14.

(10)

OJ No L 043, 14.2.1997, p. 1.

(11)

OJ No L 031, 1.2.2002, p. 1.

(12)

OJ No L 193, 20.7.2002, p. 12.

(13)

OJ No L 125, 11.7.1966, p. 2309.

(14)

OJ No L 125, 11.7.1966, p. 2298.

(15)

OJ No L 193, 20.7.2002, p. 74.

(16)

Oj No L 193, 20.7.2002, p. 60.

(17)

OJ No L 193, 20.7.2002, p. 33.

(18)

S.R. 2016, No. 244, as amended by S.R. 2017 No. 222.

(19)

1997, c. 66.

(20)

OJ No L 193, 20.7.2002, p. 33.

(21)

1954 c. 33 (N.I.)