S.I. No. 918/2005 - European Communities (Seed of fodder 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 Council Directive 2004/117/EC1 of 22 December 2004 hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Seed of fodder plants) (Amendment) Regulations 2005. 2. The European Communities (Seed of fodder plants) Regulations 2003. ( S.I. No. 198 of 2002 ) are amended- | ||||
(a) in Regulation 2(1)- | ||||
(i) by deleting the definitions of “basic seed”, “certified seed”, “certified seed, first generation”, “certified seed, second generation”, “fodder plants”, “pre basic seed”, and | ||||
(ii) by substituting for the definition of “ the directive” the following: | ||||
“ ‘EC Directive’ means Council Directive 66/401/EEC of 14 June 19662 as amended by Council Directive No. 69/63/EEC of 18 February 19693 ; Council Directive No. 71/162/EEC of 30 March, 19714 ; Council Directive No. 72/274/EEC of 20 July, 19725 ; Council Directive No. 72/418/EEC of 6 December, 19726 ; Act of Accession7 and Council Decision of 1 January 19738 ; Council Directive No. 73/438/EEC of 11 December, 19739 ; Council Directive No. 75/444/EEC of 26 June,197510 ; Council Directive No. 78/55/EEC of 19 December, 197711 ; First Commission Directive No. 78/386/EEC of 18 April, 197812 ; Council Directive No. 78/692/EEC of 25 July, 197813 ; Council Directive No. 78/1020/EEC of 5 December, 197814 ; Commission Directive No. 79/641/EEC of 27 June, 197915 ; Council Directive No. 79/692/EEC of 24 July, 197916 ; Council Directive No. 80/754/EEC of 17 July, 198017 ; Commission Directive 81/126/EEC of 16 February, 198118 ; Commission Directive 82/287/EEC of 13 April, 198219 ; Commission Directive 83/116/EEC of 8 March, 198320 ; Commission Directive 85/38/EEC of 14 December, 198421 ; Commission Directive 86/109/EEC of 27 February, 198622 ; Council Directive No. 86/155/EEC of 22 April, 198623 ; Commission Directive 87/120/EEC of 14 January 198724 ; Commission Decision No. 87/309/EEC of 2 June, 198725 ; Commission Directive 87/480/EEC of 9 September, 198726 ; Council Directive 88/380/EEC of 13 June, 198827 ; Commission Decision No. 88/493/EEC of 8 September, 198828 ; Commission Directive No. 89/424/EEC of 30 June, 198929 ; Commission Directive 89/100/EEC of 20 January,198930 ; Commission Directive No. 91/376/EEC of 25 June 199131 ; Commission Directive 92/19/EEC of 23 March, 199232 ; Commission Directive 96/18/EC of 19 March, 199633 and Council Directive 96/72/EC of 18 November 199634 ; Council Directive 98/95/EC of 14 December 199835 and Council Directive 2001/64/EC of 31 August 200136 ; 2004/117/EC of 22 December 20041 . | ||||
(b) by substituting for Regulation 20 the following- | ||||
20 (1) The Minister may set fees, payable to him or her, for inspection application for a certificate, sampling 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 sampling or 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 or 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.” and | ||||
(c) by inserting after Regulation 20- | ||||
21 Seed of fodder plants, which has been produced in another Member State or a third country 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 15(3 of the EC Directive have been met”, | ||||
22 (1) Field inspections carried out under official supervision shall be carried out by inspectors who fulfil the conditions set out in Article 2 (3) A of the Directive. | ||||
(2) Seed sampling carried out under official supervision shall comply with Article 7 of the Directive. | ||||
(2) Seed testing carried out under official supervision shall be carried out by seed-testing laboratories which comply with Article 2 (3 B (a), (b) and (c) of the EC Directive. | ||||
23 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 Council Directive 66/401/EEC on the marketing of seed of fodder plants; the collection of fees and the marketing of heritage seed. | ||||
2 O.J. No. L125 11/07/1966 p2298 3 OJ No. L48/8, 26 February, 1969 4 OJ No. L87/24, 17 April, 1971 5 OJ No. L171/37, 29 July, 1972 6 OJ No. L287/22, 26 December, 1972 7 OJ No. L73/14, 27 March, 1972 8 OJ No. L2/1, 1 January, 1973 9 OJ No. L356/79, 27 December, 1972 10 OJ No. L196/6, 26 July, 1975 11 OJ No. L16/23, 20 January, 1978 12 OJ No. L113/1/, 25 April, 1978 13 OJ No. L236/13, 25 August, 1978. 14 OJ No. L350/27, 14 December, 1978 15 OJ No. L183/13, 19 July, 1979 16 OJ No. L205/1, 13 August, 1979 17 OJ No. L207/36, 9 August, 1980 18 OJ No. L67/36, 12 March, 1981 19 OJ No. L131/24, 13 May, 1982 20 OJ No. L76/21, 22 March, 1983 21 OJ No. L16/41, 19 January, 1985 22 OJ No. L130/59, 16 May, 1986 23 OJ No. L118/23, 7 May, 1986 24 OJ No. L49/39, 18 February, 1987 25 OJ No. L155/26, 16 June, 1987 26 OJ No. L273/43, 26 September, 1987 27 OJ No. L187/31, 16 July, 1988 28 OJ No. L261/27, 21 September, 1988 29 OJ No. L196/50, 12 July, 1989 30 OJ No. L38/36, 10 February, 1989 31 OJ No. L203/108, 26 July, 1991 32 OJ No. L104/61, 22 April, 1992 33 OJ No. L76/21, 26 March, 1996 34 OJ No. L304/10, 27 November, 1996 35 OJ No. L25/1 of 1 February, 1999 |
