The Seeds (Variety Lists) Regulations (Northern Ireland) 2020

PART 1 — Distinctness, stability and sufficient uniformity

Distinctness

1

• (1) A plant variety shall be regarded as distinct if, whatever the origin, artificial or natural, of the initial variation from which it has resulted, it is clearly distinguishable in one or more important characteristics from any other variety known in the European Union or accepted onto an official register of plant varieties corresponding to an NI Variety List in a country outside the United Kingdom with similar growing conditions at the time when the application for acceptance of the variety is duly made.

• (2) The characteristics of a variety must be capable of precise recognition and precise definition.

• (3) Where a variety is known in the European Union at the time when an application of a variety is duly made, but is no longer known in the European Union when that application is determined, for the purpose of determining distinctness as part of that application the variety no longer known in the European Union shall be disregarded.

2

• (1) A plant variety of a conservation variety is regarded as distinct if it satisfies the characteristics referred to in—

• (a) the technical questionnaires associated with the test protocols listed in Annex I to Directive 2003/90 or Directive 2003/91 applicable to the species in question; or

• (b) the technical questionnaires of the test guidelines listed in Annex II to those Directives, applicable to the species in question.

• (2) In this paragraph—

• (a) “Directive 2003/90” means Commission Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species, as amended from time to time; and

• (b) “Directive 2003/91” means Commission Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species, as amended from time to time.

Stability

3

A variety shall be regarded as stable if, after successive propagation or multiplications, or where the applicant has defined a particular cycle of propagations or multiplications, at the end of each cycle, it remains true to the description of its essential characteristics.

Sufficient uniformity

4

A plant variety shall be regarded as sufficiently uniform if, apart from a very few aberrations, the plants of which it is composed are, account being taken of the distinctive features of the reproductive system of the plants, similar or genetically identical as regards the characteristics, taken as a whole, considered by the Department for the purposes of determining whether the variety is sufficiently uniform.

PART 2 — Satisfactory value for cultivation and use

Satisfactory value for cultivation and use

5

• (1) The values of a variety for cultivation or use shall be regarded as satisfactory if compared to other varieties accepted in an NI Variety List its qualities taken as a whole offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or as regards the uses which can be made of the crops or the products derived from the crops.

• (2) Where other superior characteristics are present, individual inferior characteristics may be disregarded.

Satisfactory values for cultivation and use of component varieties of varietal associations

6

• (1) Where a variety is intended solely for use as a component of a varietal association the value of the variety for cultivation or use shall be regarded as satisfactory if, compared to other varieties accepted in an NI Variety List, the qualities of the varietal association taken as a whole offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or as regards the uses which can be made of the crops or the products derived from the crops resulting from the varietal association.

• (2) Where other superior characteristics are present in the varietal association, individual inferior characteristics in it may be disregarded.

PART 3 — Varieties the Department does not need to be satisfied are of satisfactory value for cultivation and use

7

Part 2 does not apply to—

• (a) varieties of vegetables;

• (b) varieties if grasses not intended for production of fodder plants if the applicant declares that the seed of the variety is not intended for the production of fodder plants;

• (c) any plant variety whose seed is to be marketed in a member State which has already accepted it on to a list corresponding to an NI Variety List, having regard to its value for cultivation and use;

• (d) any variety intended for use only as a component of a final plant variety; or

• (e) any conservation variety.

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 4th December 2020

Dave Foster — A senior officer of the — Department

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations, give effect, in Northern Ireland, to Council Directives 2002/53/EC (OJ No L 193, 20.07.2002, p. 1) on the common catalogue of varieties of agricultural plant species and those elements of Council Directive 2002/55/EC (OJ No L 193, 20.7.2002, p. 33) on the marketing of vegetable seed which require member States to establish national lists of vegetable varieties.

Certain requirements of Council Directive 98/95/EC have not been transposed in full in these Regulations where there is existing provision in the Genetically Modified Organisms (Northern Ireland) Order 1991 (S.I. 1991/1714 (N.I.19)). The Order makes general provision for preventing damage to the environment from the release of genetically modified organisms. Relevant provisions include carrying out environmental risk assessments for genetically modified plant varieties, imposition of conditions appropriate for their cultivation and prohibition of their use where their cultivation could be harmful.

Regulation 3 defines expressions used in these Regulations and provides that expressions in the Regulations not so defined and which appear in Council Directives 2002/53/EC and 2002/55/EC have the same meaning in the Regulations as they have in those directives. Regulation 4 makes provision in relation to NI Variety Lists of plant varieties prepared and published in the Plant Varieties and Seeds Gazette

Regulation 5 provides for applications in relation to NI Variety Lists, regulation 6 provides for acceptance of plant varieties. Regulation 7 provides for amateur vegetable varieties and regulation 8 makes provision for the naming of plant varieties. The Department must be satisfied of the matters referred to in regulation 6(5) for acceptance on to NI Variety Lists of plant varieties of the species specified in Schedule 1. These include matters relating to genetically modified organisms; distinctness, stability and sufficient uniformity described in Part I of Schedule 2; and, in respect of the species of plant varieties other than the species described in Part III of Schedule 2, value for cultivation and use as described in Part II of Schedule 2.

Regulation 9 makes provision in relation to maintainers of plant varieties. Regulation 10 makes provision in relation to official measures and regulation 11 makes provision for arrangements for official measures. Regulation 12 provides for the charging of fees. The Department and persons with whom arrangements are made under regulation 11 may charge reasonable fees to cover the costs they reasonably incur in carrying out official measures. The Department may also charge persons concerned in matters connected with the Regulations reasonable fees to cover the costs the Department reasonably incurs in relation to the administration of official measures for the purposes of these Regulations; for example the administration and determination of applications for acceptance of plant varieties on to the NI Variety Lists.

Regulation 13 makes provision for marketing prohibition notices. Regulation 14 makes provision for maintenance of plant varieties accepted on to national lists. Regulation 15 provides that acceptance of plant varieties is initially for a period of 10 years and provides the conditions for renewal of acceptance. Regulation 16 provides for revocation of acceptance of plant varieties and maintainers of plant varieties and regulation 17 makes provision for records. Regulation 18 makes provision for representations and hearings in respect of proposed relevant decisions and regulation 19 makes provision for appeals against relevant decisions, except those in respect of naming of plant varieties.

Regulation 20 makes provision for obstruction and regulation 21 for offences and penalties. Regulation 22 makes provision for offences due to the fault of another person and the defence of due diligence, regulation 23 applies provisions of the Seeds Act (Northern Ireland) 1965 for the purposes of these Regulations, regulation 24 makes provision for enforcement and regulation 25 for service of notices etc. Regulation 26 provides for savings and transitional provisions. Regulation 27 provides for consequential amendments to seeds marketing regulations.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: S.I. 2000/2812.

[^f00002]: 1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00003]: OJ No L 117, 8.5.1990, p. 15.

[^f00004]: S.I. 2001/3510, as amended by S.I. 2004/2949, 2007/1871, 2008/2683, 2009/1273, 2010/1195, 2011/464, 2012/2897, 2013/2042 and 2020/579.

[^f00005]: OJ No L 191, 23.7.2009, p. 10.

[^f00006]: OJ No L 193, 20.07.2002, p. 1.

[^f00007]: OJ No L 106, 17.4.2001, p. 1.

[^f00008]: OJ No L 312, 29.11.2005, p. 51.

[^f00009]: S.I. 1994/676, relevant amending instruments are S.I. 1997/383, 1999/1090, 2001/3510.

[^f00010]: OJ No L 268, 18.10.2003, p. 1.

[^f00011]: 1964 c. 14.

[^f00012]: OJ No L 043, 14.2.1997, p. 1.

[^f00013]: OJ No L 031, 1.2.2002, p. 1.

[^f00014]: OJ No L 193, 20.7.2002, p. 12.

[^f00015]: OJ No L 125, 11.7.1966, p. 2309.

[^f00016]: OJ No L 125, 11.7.1966, p. 2298.

[^f00017]: OJ No L 193, 20.7.2002, p. 74.

[^f00018]: Oj No L 193, 20.7.2002, p. 60.

[^f00019]: OJ No L 193, 20.7.2002, p. 33.

[^f00020]: S.R. 2016, No. 244, as amended by S.R. 2017 No. 222.

[^f00021]: 1997, c. 66.

[^f00022]: OJ No L 193, 20.7.2002, p. 33.

[^f00023]: 1954 c. 33 (N.I.)

[^f00024]: OJ No L 227, 1.9.94, p. 1.

[^f00025]: S.I. 2006/648, as amended by S.I. 2018/942 and S.I. 2019/204.

[^f00026]: S.I. 1998/1027, as amended by S.I 2001/3510, S.I. 2002/247, S.I. 2008/2683 and S.I. 2019/204.

[^f00027]: 1965, c.22 (N.I.). 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, regulation 2. The Ministry of Agriculture became known as the Department of Agriculture by virtue of section 7(5) of the Northern Ireland Constitution Act 1973 (c.36). The Department of Agriculture for Northern Ireland was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999, S.I. 1999/283 (N.I. 1). The Department of Agriculture and Rural Development was renamed the Department of Agriculture, Environment and Rural Affairs by Article 1(2) of the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.).

[^f00028]: S.I. 1982/844, as amended by S.I. 1985/1529, 1989/1314, 1990/1353, 1992/1615 and 1998/2726.

[^f00029]: S.R. 2016 No. 190 as amended by S.R. 2017 No. 155.