The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Amendment of Schedule 2 (Certification requirements)

50.  In Schedule 2—

(a) in paragraph 6—

(i) in sub-paragraph (1), after Article 2(3)(A), insert “(a) to (d)”;

(ii) in sub-paragraph (3), for Annex III to that Directive”, substitute “Schedule 3”;

(iii) after sub-paragraph (5), insert—

“(6) For the purposes of this paragraph, Council Directive 2002/54/EC is to be read as if—

(a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the member State concerned”, there were substituted “licensed by the Department”;

(b) in Annex I—

(i) in point A—

(aa) in paragraph 3, for “certification authority” there were substituted “Department”;

(bb) in the last paragraph, for the words from “the common” to “that Directive”, there were substituted “United Kingdom National List”;

(ii) in point B, in paragraph 3(c)—

(aa) the reference to “member States” were a reference to “The Department”;

(bb) the reference to “Community” were omitted.”.

(b) in paragraph 13—

(i) in sub-paragraph (1), after Article 2(3)(A), insert “(a) to (d)”;

(ii) in sub-paragraph (2), after “that Directive”, insert “ (with the omission of paragraphs 1a(f) and 1b)”;

(iii) after sub-paragraph (2), insert—

“(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 66/402/EEC is to be read as if—

(a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the member State concerned”, there were substituted “licensed by the Department”;

(b) in Article 7—

(i) the reference to “member States” were a reference to “The Department”;

(ii) in paragraph 1a(a), for “seed certification authority of the member State concerned”, there were substituted “Department”.”.

(c) in paragraph 25—

(i) in sub-paragraph (1), after Article 2(3)(A), insert “(a) to (d)”;

(ii) after sub-paragraph (1), insert—

“(1A) For the purposes of sub-paragraph (1), Council Directive 66/401/EEC is to be read as if—

(a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the member State concerned”, there were substituted “licensed by the Department”;

(b) in Annex I, in paragraph 4, in the second sub-paragraph, the words from “Upon” to the end were omitted.”;

(d) in paragraph 37—

(i) in sub-paragraph (1), after Article 2(5)(A), insert “(a) to (d)”;

(ii) after sub-paragraph (1), insert—

“(1A) For the purposes of sub-paragraph (1), Council Directive 2002/57/EC is to be read as if—

(a) in Article 2(5)(A)(a)(iii), for “officially licensed by the seed certification authority of the member State concerned”, there were substituted “licensed by the Department”;

(b) in Annex 2, in Part 1, in paragraph 5C the last sub-paragraph were omitted.”;

(e) in paragraph 38(2), omit “or the Common Catalogue”;

(f) in paragraph 44—

(i) in sub-paragraph (1), after Article 2(4)(A), insert “(a) to (d)”;

(ii) in sub-paragraph (2), after “Article 25”, insert “ (with the omission of paragraphs 1a(F) and 1b)”;

(iii) after sub-paragraph (2), insert—

“(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 2002/55/EC is to be read as if—

(a) in Article 2(4)(A)(a)(iii), for “officially licensed by the seed certification authority of the member State concerned”, there were substituted “licensed by the Department”;

(b) in Article 25—

(i) references to “member States” were references to “the Department”;

(ii) in paragraph 1a(a), for “seed certification authority of the member State concerned”, there were substituted “Department”.”;