S.I. No. 918/2005 - European Communities (Seed of fodder plants) (Amendment) Regulations 2005

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 1966

2

as amended by Council Directive No. 69/63/EEC of 18 February 1969

3

; Council Directive No. 71/162/EEC of 30 March, 1971

4

; Council Directive No. 72/274/EEC of 20 July, 1972

5

; Council Directive No. 72/418/EEC of 6 December, 1972

6

; Act of Accession

7

and Council Decision of 1 January 1973

8

; Council Directive No. 73/438/EEC of 11 December, 1973

9

; Council Directive No. 75/444/EEC of 26 June,1975

10

; Council Directive No. 78/55/EEC of 19 December, 1977

11

; First Commission Directive No. 78/386/EEC of 18 April, 1978

12

; Council Directive No. 78/692/EEC of 25 July, 1978

13

; Council Directive No. 78/1020/EEC of 5 December, 1978

14

; Commission Directive No. 79/641/EEC of 27 June, 1979

15

; Council Directive No. 79/692/EEC of 24 July, 1979

16

; Council Directive No. 80/754/EEC of 17 July, 1980

17

; Commission Directive 81/126/EEC of 16 February, 1981

18

; Commission Directive 82/287/EEC of 13 April, 1982

19

; Commission Directive 83/116/EEC of 8 March, 1983

20

; Commission Directive 85/38/EEC of 14 December, 1984

21

; Commission Directive 86/109/EEC of 27 February, 1986

22

; Council Directive No. 86/155/EEC of 22 April, 1986

23

; Commission Directive 87/120/EEC of 14 January 1987

24

; Commission Decision No. 87/309/EEC of 2 June, 1987

25

; Commission Directive 87/480/EEC of 9 September, 1987

26

; Council Directive 88/380/EEC of 13 June, 1988

27

; Commission Decision No. 88/493/EEC of 8 September, 1988

28

; Commission Directive No. 89/424/EEC of 30 June, 1989

29

; Commission Directive 89/100/EEC of 20 January,1989

30

; Commission Directive No. 91/376/EEC of 25 June 1991

31

; Commission Directive 92/19/EEC of 23 March, 1992

32

; Commission Directive 96/18/EC of 19 March, 1996

33

and Council Directive 96/72/EC of 18 November 1996

34

; Council Directive 98/95/EC of 14 December 1998

35

and Council Directive 2001/64/EC of 31 August 2001

36

; 2004/117/EC of 22 December 2004

1

.

(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.”.

GIVEN

under my Official Seal,

21 December 2005

Mary Coughlan

Minister for Agriculture and Food

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.

1

O.J. No L14 18/1/2005 p18

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

36

OJ No. L234/60 of 1 September, 2001.

1

O.J. No L14 18/1/2005 p18

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/EC

1

of 22 December 2004 hereby make the following regulations