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

54.  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;

[F1 (c) 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;”.

Textual Amendments

F1 Words in reg. 54(d) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 5(7); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 S.I. 2017/595.

M2 S.S.I. 2017/177.

M3 S.I. 2017/691 (W. 163).