2014 No. 295
The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014
Made
Coming into force
The Department of Agriculture and Rural Development F1 is designated F2 for the purposes of section 2(2) of the European Communities Act 1972 F3 in relation to the common agricultural policy of the European Community.
These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Department that it is expedient for references to the Directives specified in regulations 2, 4, 9, 15, 19 and 23 to be construed as references to those Directives as amended from time to time.
The Department makes the following regulations in exercise of the powers conferred by section 2(2) of, as read with paragraph 1A of Schedule 2 F4 to the European Communities Act 1972 and sections 1(1) and (2A) and 2 of the Seeds Act (Northern Ireland) 1965 F5, after consultation in accordance with section 1(1) of that Act, with the representatives of such interests as appear to it to be concerned.
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
1965 c.22; section 1 was amended by 1970 c.20 (N.I.), section 10(1) and S.R. & O.(N.I.) 1972 No. 351 Article 3 and Schedule 3; section 2 was amended by 1970 c.20 (N.I.), section 10(2) and S.R. 1977 No. 295 Article 2.
PART 1GENERAL
Citation and Commencement1
These Regulations may be cited as the Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 and come into operation on 31st December 2014.
PART 2AMENDMENT OF THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS (NORTHERN IRELAND) 2009
Amendment of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 20092
In regulation 2(1) (general interpretation) of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 F6, for the definition of “the Seed Marketing Directives” substitute—
“the Seed Marketing Directives” means—
- a
Council Directive 2002/54/ECF7 on the marketing of beet seed;
- b
Council Directive 66/402/EECF8 on the marketing of cereal seed;
- c
Council Directive 66/401/EECF9 on the marketing of fodder plant seed;
- d
Council Directive 2002/57/ECF10 on the marketing of oil and fibre plant seed; and
- e
Council Directive 2002/55/ECF11 on the marketing of vegetable seed,
as amended from time to time;
PART 3AMENDMENT OF THE FODDER PLANT SEEDS REGULATIONS (NORTHERN IRELAND) 2009
Amendment of the Fodder Plant Seeds Regulations (Northern Ireland) 20093
The Fodder Plant Seeds Regulations (Northern Ireland) 2009 F12 are amended in accordance with regulations 4 to 7.
4
In regulation 2(1) (general interpretation)—
a
in the definition “another Member State” after “United Kingdom” insert “
, and Switzerland
”
;
b
in the definition “the Common Catalogue Directive” for “as last amended by the Food and Feed Regulation” substitute “
as amended from time to time
”
;
c
in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “
as amended from time to time
”
;
d
in the definition “EEA State” for “Communities” substitute “
European Union
”
;
e
in the definition “equivalent third country” delete “Croatia,”;
f
in the definition “the Fodder Plant Seed Directive” after “the marketing of fodder plant seed” insert “
as amended from time to time
”
; and
g
for the definition “member State” substitute “
“member State” means any EEA State and Switzerland;
”
.
5
In regulation 29(2) for “the Department by” substitute “
thereby
”
.
6
In Schedule 1 in paragraphs 2(2)(a) and (b), 6(2)(a) and (b), 10(2)(a) and (b), 14(2)(a) and (b), 16(2)(a) and (b), 20(2)(a)
and (b), 24(2)(a) and (b), 28(2)(a) and (b), 32(2)(a) and (b), 36(2)(a) and (b), 40(2)(a) and (b), 44(2)(a) and (b), 48(2)
and 50(2) after “on behalf of” insert “
the Department,
”
.
7
In Schedule 8 in paragraphs 9(a), 18(a) and 47(1)(a) for “EC” substitute “
EU
”
.
PART 4AMENDMENT OF THE OIL AND FIBRE PLANT SEEDS REGULATIONS (NORTHERN IRELAND) 2009
Amendment of the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 20098
The Oil and Fibre Plant Seeds Regulations (Northern Ireland) 2009 F13 are amended in accordance with regulations 9 to 13.
9
In regulation 2(1) (general interpretation) the following definitions are to be amended—
a
in the definition “another Member State” after “United Kingdom” insert “
, and Switzerland
”
;
b
in the definition “the Common Catalogue Directive” for “as last amended by the Food and Feed Regulation” substitute “
as amended from time to time
”
;
c
in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “
as amended from time to time
”
;
d
in the definition “EEA State” for “Communities” substitute “
European Union
”
;
e
in the definition “equivalent third country” delete “Croatia,”;
f
for the definition “Member State” substitute “
“member State” means any EEA State and Switzerland;
”
; and
g
in the definition “the Oil and Fibre Plant Seed Directive” for “as last amended by Commission Directive 2007/72/EC” substitute “
as amended from time to time
”
.
10
In Schedule 1 in paragraphs 2(2)(a) and (b), 6(2)(a), 8(2)(a) and (b), 12(2)(a) and (b), 16(2)(a) and (b), 20(2)(a) and (b),
22(2)(a) and (b), 26(2)(a) and (b), 30(2)(a) and (b), 34(2)(a) and (b), 38(2)(a) and (b), 42(2)(a) and (b), 46(2)(a) and (b),
50(2)(a) and (b), 54(2)(a) and (b), 58(2)(a) and (b) and 62(2) after “on behalf of” insert “
the Department,
”
.
11
In Schedule 4—
a
in paragraph 7(1), in column 2 of the table—
i
for the entry “Linseed–basic, C1, C2 and C3 seed” insert “
99
”
;
ii
for the entry “Soya bean–basic, C1, C2 and C3 seed” insert “
98
”
; and
iii
for the entry “Sunflower–basic, C1, C2 and C3 seed” insert “
98
”
.
b
In paragraph 9(2) for “falx” substitute “
flax and linseed
”
.
12
In Schedule 7, in column 2 of the table for the entry “Soya bean” for “25” substitute “
30
”
.
13
In Schedule 8, in paragraphs 8(a), 13(b)(i), 16(a), 21(b)(i), 24(a) and 39(1)(a) for “EC” substitute “
EU
”
.
PART 5AMENDMENTS TO THE VEGETABLE SEEDS REGULATIONS (NORTHERN IRELAND) 2009
Amendments to the Vegetable Seeds Regulations (Northern Ireland) 200914
The Vegetable Seeds Regulations (Northern Ireland) 2009 F14 are amended in accordance with regulations 15 to 17
15
In regulation 2(1) (general interpretation)—
a
in the definition “another member State” after “United Kingdom” insert “
, and Switzerland
”
;
b
in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “
as amended from time to time
”
;
c
in the definition “EEA State” for “Communities” substitute “
European Union
”
;
d
in the definition “equivalent third country”, delete “Croatia,”; and
e
for the definition “member State” substitute “
“member State” means any EEA State and Switzerland;
”
.
16
In Schedule 1 in paragraphs 2(2)(a) and (b), 5(2)(a) and (b), 9(2)(a) and (b), 12(2)(a) and (b), 14(2)(a) and (b), 17(2)(a)
and (b), 21(2)(a) and (b) and 24(2)(a) and (b) after “on behalf of” insert “
the Department,
”
.
17
In Schedule 8 in paragraphs 8(a), 13(b)(i), 15(b)(i), 20(b)(i) and 24(b)(i) for “EC” substitute “
EU
”
.
PART 6AMENDMENTS TO THE BEET SEEDS REGULATIONS (NORTHERN IRELAND) 2009
Amendments to the Beet Seeds Regulations (Northern Ireland) 200918
The Beet Seeds Regulations (Northern Ireland) 2009 F15 are amended in accordance with regulations 19 to 21.
19
In regulation 2(1) (general interpretation)—
a
in the definition “another member State” after “United Kingdom” insert “
, and Switzerland
”
;
b
in the definition “the Beet Seed Directive” for “as last amended by Council Directive 2004/117/EC” substitute “
as amended from time to time
”
;
c
in the definition “the Common Catalogue Directive” for “as last amended by the Food and Feed Regulation” substitute “
as amended from time to time
”
;
d
in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “
as amended from time to time
”
;
e
in the definition “EEA State” for “Communities” substitute “
European Union
”
;
f
for the definition “equivalent third country” substitute “
“equivalent third country” means Argentina, Australia, Canada, Chile, Israel, Morocco, New Zealand, Serbia and Montenegro, South Africa, Turkey, the
United States of America and Uruguay;
”
; and
g
for the definition “member State” substitute “
“member State” means any EEA State and Switzerland;
”
.
20
In Schedule 1 in paragraphs 2(2)(a) and (b), 6(2)(a) and (b), 10(2)(a) and (b), 14(2)(a) and (b), 16(2)(a) and (b), 20(2)(a)
and (b), 24(2)(a) and (b) and 28(2)(a) and (b) after “on behalf of” insert “
the Department,
”
.
21
In Schedule 8 in paragraphs 8(a) and 19(1)(a) for “EC” substitute “
EU
”
.
PART 7AMENDMENTS TO THE CEREAL SEEDS REGULATIONS (NORTHERN IRELAND) 2009
Amendments to the Cereal Seeds Regulations (Northern Ireland) 200922
The Cereal Seeds Regulations (Northern Ireland) 2009 F16 are amended in accordance with regulations 23 to 27.
23
In regulation 2(1) (general interpretation)—
a
in the definition “another member State” after “United Kingdom” insert “
, and Switzerland
”
;
b
in the definition “the Cereal Seed Directive” for “as last amended by Commission Directive 2009/74/EC” substitute “
as amended from time to time
”
;
c
in the definition “the Common Catalogue Directive” for “as last amended by the Food and Feed Regulation” substitute “
as amended from time to time
”
;
d
in the definition “the Deliberate Release Directive” for “as last amended by Council Regulation” to the end substitute “
as amended from time to time
”
;
e
in the definition “EEA State” for “Communities” substitute “European Union;
f
in the definition “equivalent third country”, delete “Croatia,”; and
g
for the definition “member State” substitute “
“member State” means any EEA State and Switzerland;
”
.
24
1
In regulation 15(1) for “Subject to paragraph (2)” substitute “
Subject to paragraphs (2), (4) and (5)
”
.
2
In regulation 15(3) delete “from a third country”; and
3
After regulation 15(3) insert—
4
Seeds to which these regulations apply which have been imported may only be marketed in Northern Ireland if accompanied by a document stating—
a
that the seed has been produced from a crop which has been found to be free of plants of wild oats at the time of an official examination and that in addition a one kilogram sample of seed drawn in accordance with the method laid down in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009, has been found free of seed of wild oats at the time of an official examination; or
b
that a three kilogram sample of the seed drawn in accordance with the method laid down in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 has been found to be free from wild oats at an official examination.
5
In relation to seed to which paragraph (4) applies—
a
the Department may draw a sample in accordance with the method laid down in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009, for the purpose of revealing the presence of wild oats;
b
where a sample drawn pursuant to sub-paragraph (a) is found to contain wild oats the seed lot or part thereof represented by that sample shall not be marketed in Northern Ireland.
25
In Schedule 1 in paragraphs 2(2)(a) and (b), 6(2)(a) and (b), 8(2)(a) and (b), 12(2)(a) and (b), 16(2)(a) and (b), 20(2)(a)
and (b), 22(2)(a) and (b), 26(2)(a) and (b), 30(2)(a) and (b), 34(2)(a) and (b), 38(2)(a) and (b), 42(2)(a) and (b), 46(2)(a)
and (b) and 50(2)(a) and (b) after “on behalf of” insert “
the Department,
”
.
26
In Schedule 4—
a
In paragraph 12(1) for the table substitute the table in the Schedule.
b
after paragraph 12 insert—
Special wild oat purity standards12A
All categories of seed of oats, barley wheat, durum wheat, spelt wheat, rye and triticale shall be free of seeds of wild oat in a three kilogram sample.
27
In Schedule 8 in paragraphs 9(a), 14(b)(i) and 35(1)(a) for “EC” substitute “
EU
”
.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 4th December 2014
SCHEDULE 1
Species and Category |
Level (where appropriate) |
Maximum content of seeds of other plant species in a sample of the weight specified in column 6 of the table in Schedule 7 |
||||
---|---|---|---|---|---|---|
All other plant species (including seed of the species specified in columns 4 to 7) |
Other cereal species |
All plant species other than cereals |
Wild oats or darnel |
Wild radish, corn cockle, sterile brome or couch |
||
1 |
2 |
3 |
4 |
5 |
6 |
7 |
Basic seed of components of hybrid varieties of barley, durum wheat, oats. spelt wheat and wheat |
4 |
11 |
3 |
03 |
12 |
|
Basic seed of barley, durum wheat, oats, spelt wheat and wheat other than component of hybrid varieties |
HVS Minimum |
1 4 |
0 11 |
1 3 |
0 03 |
02 12 |
CS seed of hybrids of barley, durum wheat, oats, spelt wheat and wheat |
10 |
7 |
7 |
03 |
32 |
|
C1 seed of barley, durum wheat, oats, spelt wheat, and wheat |
HVS Minimum |
2 10 |
1 7 |
1 7 |
0 03 |
1 32 |
C2 seed of barley, durum wheat, oats, spelt wheat and wheat |
HVS Minimum |
4 10 |
3 7 |
2 7 |
0 03 |
1 32 |
Basic seed of rye |
4 |
11 |
3 |
03 |
12 |
|
CS seed of rye |
10 |
7 |
7 |
03 |
32 |
|
Basic seed of triticale |
4 |
11 |
3 |
03 |
12 |
|
CS seed of hybrids and self-pollinating triticale and C1 and C2 seed of triticale |
10 |
7 |
7 |
03 |
32 |
|
Basic and CS seed of maize |
0 |
Not Applicable |
Not Applicable |
Not Applicable |
Not Applicable |
|
1 As regards seeds of other cereal species, a second seed shall not be regarded as an impurity if a second sample of the same weight is free from any seeds of other cereal species |
||||||
2 The standard shall apply only in respect of wild radish and corn cockle |
||||||
3 The presence of one seed of Darnel in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from this species |
Formerly the Department for Agriculture for Northern Ireland; see S.I. 1999/283 (N.I.1) Article 3(4)