The Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026

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

(1) The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 are amended as follows. (2) In regulation 2 before paragraph (1) insert— (A1) In these Regulations, (except in the definition of “outside Northern Ireland” in paragraph (1)), any reference to a member State is to be read as if Northern Ireland were a member State of the European Union. . (3) In regulation 2(1)— (a) in the definition of “basic material”, for sub-paragraph (b) substitute— (b) in relation to propagating material produced outside Northern Ireland, certified as basic material by a responsible authority in accordance with Article 15 of Directive 2014/98/EU; ; (b) in the definition of “CAC material”— (i) for sub-paragraph (b)(ii) substitute— (ii) plant material produced outside Northern Ireland, meet the requirements for CAC material in Article 23 of Directive 2014/98/EU; ; (ii) omit paragraphs (iii) and (iv); (c) in the definition of “certified”— (i) for sub-paragraphs (a) and (b) substitute— (a) in relation to plant material produced in Northern Ireland, officially certified by the Department, as the responsible authority in Northern Ireland, in accordance with regulation 9; (b) in relation to plant material produced outside Northern Ireland, officially certified for the purposes of Article 3 of the Directive by the responsible authority in the country or territory concerned; ; (ii) omit sub-paragraph (c); (d) in the definition of “certified material”— (i) for sub-paragraph (b) substitute— (b) in relation to propagating material and fruit plants produced outside Northern Ireland, certified as certified material by a responsible authority for the country or territory concerned in accordance with Article 20 of Directive 2014/98/EU; ; (ii) omit sub-paragraphs (c) and (d); (e) in the definition of “official label”, for sub-paragraph (b) substitute— (b) in relation to certified plant material produced outside Northern Ireland, a label issued or approved by the responsible authority in the country or territory where the plant material was produced and which meets, as appropriate to the plant material to which the label relates, the requirements of Article 2 of Directive 2014/96/EU; ; (f) for the definition of “plant variety rights” substitute— “plant variety rights” means rights granted under Part 1 of the Plant Varieties Act 1997; ; (g) in the definition of “pre-basic material”, for sub-paragraph (b) substitute— (b) in relation to propagating material produced outside Northern Ireland, certified as pre-basic material by the responsible authority in the country or territory concerned in accordance with Article 3 or 4 of Directive 2014/98/EU; ; (h) in the definition of “registered as a variety”, for sub-paragraph (b), substitute— (b) registration outside Northern Ireland as a variety by the responsible authority in the country or territory concerned; ; (i) omit the definitions of “Crown Dependency” and “the fruit marketing regulations”. (4) For regulation 4(2) substitute— (2) These Regulations do not apply in relation to plant material intended for export from Northern Ireland to any country outside the European Union, provided the plant material is identified as such and kept sufficiently isolated. . (5) In regulation 5— (a) in paragraph (3) for “United Kingdom” substitute “European Union”; (b) omit paragraphs (5) to (7). (6) In regulation 7(2)(e) for “the United Kingdom” substitute “Northern Ireland”. (7) Omit regulation 27A. (8) In Schedule 2— (a) in paragraph 4(a) for “UK” substitute “EU”; (b) for paragraph 5 substitute— 5. The information and particulars required on an official label must be indelibly printed in one of the official languages of the European Union, easily visible and legible. ; (c) in paragraph 6— (i) in sub-paragraph (a) for “UK” substitute “EU”; (ii) in sub-paragraph (b)(i) for “country” substitute “member State”; (d) for paragraph 7 substitute— 7. The information and particulars required in a supplier’s document must be indelibly printed in one of the official languages of the European Union, easily visible and legible. . (9) In Schedule 3— (a) in paragraph 1(2)— (i) in paragraph (a) at the end insert “or”; (ii) omit paragraph (b); (iii) omit paragraph (d) and the word “or” immediately preceding; (b) in paragraph 2(2)— (i) in paragraph (b) for “in the UK” substitute “in a member State”; (ii) for paragraph (e) substitute— (e) where applicable, details of an official description established by a responsible authority in the country or territory concerned; ; (c) for paragraph 3(1)(b) substitute— (b) be conducted, as regards trial design, growing conditions and characteristics of the variety to be covered, in accordance with— (i) CPVO protocols; (ii) where no protocols have been published for the relevant species, UPOV test guidelines; or (iii) in the absence of CPVO protocols and UPOV test guidelines, protocols produced by the Department. ; (d) for paragraph 4(1)(a) substitute— (a) in the case of a genetically modified variety, for the period for which the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No. 1829/2003; (e) for paragraph 5(1)(d) substitute— (d) in the case of a genetically modified variety, the genetically modified organism of which the variety consists ceases to be authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No. 1829/2003. ; (f) in paragraph 6 omit sub-paragraph (a); (g) in paragraph 11— (i) at the appropriate place insert the following definitions— “CPVO” means the Community Plant Variety Office, being an agency of the European Union; “CPVO protocol”, in respect of a growing trial for a species, means a protocol produced by the CPVO for distinctness, uniformity and stability tests in relation to the relevant species that is available at the beginning of the growing trial; ; (ii) omit the definition of “the GMO Regulations”; (iii) in the definition of “technical questionnaire” for sub-paragraphs (a) and (b) substitute— (a) the ‘Protocols for distinctness, uniformity and stability tests’ produced by the CPVO for the relevant species for which such a protocol has been published; or (b) where no protocol has been published by the CPVO for the relevant species, the relevant section for the relevant species contained within the UPVO test guidelines; . (10) In Schedule 5— (a) in paragraph 5(3)(d) omit “of varieties”; (b) for paragraph 5(4)(a) substitute— (a) the pre-basic mother plant may only be accepted if a report, produced by an inspector or by a responsible authority outside Northern Ireland, is available proving that the respective variety is distinct, uniform and stable; ; (c) in paragraph 5(7), for the definition of “register of varieties” substitute— “register of varieties” means— in relation to the registration of varieties in Northern Ireland, the register maintained in accordance with Schedule 3; in relation to the registration of varieties outside Northern Ireland, the register maintained in accordance with Article 3(1) of Directive 2014/97/EU. ; (d) in paragraph 21(2)(f), for “223” substitute “22(3)”.