PART 6Amendment of the Marketing of Fruit Plant Propagating Material Regulations (Northern Ireland) 2017

I154

In regulation 2(1)—

a

in the definition of “basic material”, for paragraph (b), substitute—

b

in relation to propagating material produced outside Northern Ireland, certified as basic material by a responsible authority in accordance with—

i

in the case of material produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

ii

in the case of material produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 9(1) and (2);

iii

in the case of material produced in a member State, Article 15 of Directive 2014/98/EU;

b

in the definition of “CAC material”—

i

in paragraph (b)(i) omit “or”;

ii

for paragraph (b)(ii), substitute—

ii

in the case of material and plants produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

iii

in the case of material and plants produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to Schedule 1;

iii

in the case of material produced in a member State, Article 3 of Directive 2014/98/EU;

c

in the definition of “certified”—

i

omit “as the responsible authority in Northern Ireland,”;

ii

for paragraph (b), substitute—

b

in relation to plant material produced in the United Kingdom, other than in Northern Ireland, officially certified in accordance with the relevant fruit marketing regulations;

c

in relation to material produced in a member State, Article 3 of Directive 2014/98/EU, by the responsible authority in the member State concerned;

d

in the definition of “certified material”, for paragraph (b), substitute—

b

in relation to propagating material and fruit plants produced in the United Kingdom, other than in Northern Ireland, certified as certified material, in accordance with the relevant fruit marketing regulations;

F1c

in relation to propagating material and fruit plants produced in a member State, certified as certified material, in accordance with Article 20 of Directive 2014/98/EU, by the responsible authority in the member State concerned;

d

in relation to propagating material and fruit plants produced in a Crown Dependency, certified as certified material, in accordance with legislation recognised by the Department as having equivalent effect to regulation 9(1) and (2);

e

after the definition of “certified plant material”, insert—

“Crown Dependency” means the Isle of Man or any of the Channel Islands;

f

after the definition of “the Department” insert

“the fruit marketing regulations” means—

a

as regards England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 M1;

b

as regards Scotland, the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 M2;

c

as regards Wales, the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 M3;

g

in the definition of “official label”, for paragraph (b), substitute—

b

in relation to certified plant material produced outside Northern Ireland, a label issued, as appropriate to the plant material to which the label relates, in accordance with—

i

in the case of material produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

ii

in the case of material produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to Part 1 of Schedule 2;

iii

in the case of material produced in a member State, Article 2 of Directive 2014/96/EU, by the responsible authority in the member State concerned;

h

in the definition of “outside Northern Ireland”, for the words from “or any member” to the end, substitute “ , any member State or any Crown Dependency ”;

i

in the definition of “plant variety rights”, omit paragraph (b);

j

in the definition of “pre-basic material”, for paragraph (b), substitute—

b

in relation to pre-basic material produced outside Northern Ireland, material certified as pre-basic, in accordance with—

i

in the case of material produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

ii

in the case of material produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 9(1) and (2);

iv

in the case of material produced in a member State, Article 3 or 4 of Directive 2014/98/EU, by the responsible authority in the member State concerned;

k

in the definition of “registered as a variety”, for paragraph (b), substitute—

b

registration outside Northern Ireland as a variety in accordance with—

i

in the case of Scotland, Schedule 4 to the Marketing of Fruit Plant Propagating Material (Scotland) Regulations 2017;

ii

in the case of Wales, Schedule 4 to the Marketing of Fruit Plant Propagating Material (Wales) Regulations 2017;

iii

in the case of England, Schedule 4 of the Marketing of Fruit Plant Propagating Material (England) Regulations 2017;