S.I. No. 917/2005 - European Communities (Seed of Oil plants and Fibre plants) (Amendment) Regulations 2005
I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No 27 of 1972) and for the purpose of giving effect to Directive 2002/57/EC of 13 June 20021 as amended by Council Directive 2002/68/EC of 19 July 20022 , Council Directive 2003/45/EC of 28 May 20033 and Council Directive 2004/117/EC4 of 22 December 2004, hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Seed of Oil Plants and Fibre plants) (Amendment) Regulations 2005. 2. The European Communities (Seed of Oil plants and Fibre plants) Regulations 2003. ( S.I. No. 280 of 2003 ) are amended: | ||||
(a) in Regulation 2(1); | ||||
(i) by deleting the definitions of “basic seed”, “certified seed”, “certified seed of any category”, “certified seed of the first generation”, “certified seed of the second generation”, “certified seed of the third generation” and | ||||
(ii) by substituting for the definition of “Directive” the following: | ||||
“ ‘EC Directive’ means Council Directive 2002/57/EC of 13 June 2002 as amended by Council Directive 2002/68/EC of 19 July 2002, Commission Directive 2003/45/EC of 28 May 2003, and Council Directive 2004/117/EC of 22 December 2004.” | ||||
(b) by substituting for Regulation 6(1) the following: | ||||
“6(1) Seed of oil plants and fibre plants, which has been produced in another Member State or a third country to which the Decision of 2002 applies, shall, on request, and without prejudice to the European Communities (National Catalogue of Agricultural Plant Varieties Regulations 2002 be officially certified as certified seed of the appropriate category if the conditions as set down in Article 19(3) of the EC Directive have been met”, and | ||||
(c) by inserting the following after Regulation 19: | ||||
“20 (1) The Minister may set fees, payable to him or her, for inspection application for a certificate and carrying out of tests and different fees may be set for different inspections, certificates or tests. | ||||
(2) A fee payable under this Regulation may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction. | ||||
(3) The Minister shall not carry out an inspection, consider an application for a certificate or carry out a test unless the fee set under this Regulation has been paid. | ||||
(4) A fee payable under this Regulation shall not exceed an amount equal to the costs, estimated by the Minister, incurred in respect of an inspection, processing of an application for a certificate or test. | ||||
(5) The Public Offices Fees Act 1879 does not apply in respect of fees payable under this Regulation. | ||||
(6) A fee under this Regulation shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.” | ||||
21 (1) Field inspections carried out under official supervision shall be carried out by inspectors who fulfil the conditions set out in Article 2 (4) A of the EC Directive. | ||||
(2) Seed sampling carried out under official supervision, shall comply with Article 9 (1) a of the Directive. | ||||
(3) Seed testing carried out under official supervision shall be carried out by seed-testing laboratories which comply with Article 2 (4 B (a), (b) and (c) of the EC Directive. | ||||
22 Notwithstanding Regulation 7, seed of heritage varieties which are: | ||||
(a) associated with specific natural and semi natural habitats, | ||||
(b) are threatened by genetic erosion, and | ||||
(c) which is placed on the market in small packages, | ||||
may be marketed subject to any conditions that the Minister may deem necessary.”. | ||||
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EXPLANATORY NOTE | ||||
(This note is not part of the instrument and does not purport to be a legal interpretation) | ||||
These Regulations give effect to Council Directive 2004/117/EC amending Commission Directive 2002/57/EC on the marketing of seed of oil and fibre plants; the collection of fees and the marketing of heritage seed. | ||||
