S.I. No. 339/1972 - European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1972.

S.I. No. 339 of 1972.

EUROPEAN COMMUNITIES (NATIONAL CATALOGUE OF AGRICULTURAL PLANT VARIETIES) REGULATIONS, 1972.

I, JAMES GIBBONS, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 3 of the European Comunities Act, 1972 (No. 27 of 1972), hereby make the following regulations:

1. These Regulations may be cited as the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1972, and shall come into operation on the 1st day of January, 1973.

2. In these Regulations—

"authorised officer" means an officer of the Minister authorised in writing by the Minister for the purposes of these Regulations;

"Common Catalogue" means the Common Catalogue of varieties of species of agricultural plants referred to in the scheduled directive mentioned at reference number 6;

"the Minister" means the Minister for Agriculture and Fisheries;

"National Catalogue" has the meaning specified in Regulation 3 (1);

"seeds" means—

(a) beet seeds,

(b) forage crop seeds,

(c) seed grain,

(d) seed potatoes, and

(e) seeds of oleaginous and fibrous plants,

which are subject to a scheduled directive;

"scheduled directive" means a Council Directive specified in the Schedule to these Regulations.

3. (1) The Minister shall maintain, in accordance with the scheduled directives, a catalogue (which shall be known as the National Catalogue of Agricultural Plant Varieties and is in these Regulations referred to as the National Catalogue) of varieties of species of agricultural crops seeds of which are officially accepted for certification and sale in the State.

(2) There shall be registered in the National Catalogue—

(a) the varieties of plants seeds of which are officially accepted for certification and marketing in the State,

(b) such particulars with respect to the varieties registered as the Minister considers proper (including, in relation to each variety, particulars with respect to a person accepting responsibility for the maintenance for conservation).

(3) The first entries in the National Catalogue shall be the varieties included in the national lists of varieties standing prepared at the instance of the Minister immediately before the commencement of these Regulations.

(4) Registration of a variety in the Common Catalogue or in the catalogue of a member State corresponding to the National Catalogue shall be equivalent to registration in the National Catalogue where the Minister so determines.

4. Where a variety is registered in the National Catalogue, a person registered as responsible for the maintenance for conservation of that variety shall—

(a) allow an authorised officer to examine the production of the variety for conservation and all records relating to such production including examination with respect to generations preceding basic seed (as defined in the relevant scheduled directive),

(b) supply to an authorised officer, or allow an authorised officer to take, samples of the variety.

5. (1) There shall be charged such fees in respect of registration in the National Catalogue as the Minister, with the consent of the Minister for Finance, may determine.

(2) Fees under these Regulations shall be collected and taken in such manner as the Minister for Finance directs and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.

(3) The Public Offices Fees Act, 1879 (1879, c. 58) shall not apply in respect of fees under these Regulations.

Regulation 2.

SCHEDULE.

Directives.

GIVEN under my Official Seal, this 28th day of December, 1972.

JAMES GIBBONS,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

The Order provides that the Minister for Agriculture and Fisheries shall maintain a National Catalogue of varieties of agricultural seeds which shall be eligible for certification and sale under EEC conditions.