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(1) These Regulations may be cited as the Pesticides, Genetically Modified Organisms and Fertilisers (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 and come into operation on 7 January 2019.
(2) The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Assembly.
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(1) The Control of Pesticides Regulations (Northern Ireland) 1987 are amended as follows.
(2) In regulation 2 (Interpretation), in the definition of “Regulation 1107/2009”, at the end add “as amended from time to time”.
(3) In regulation 8(6), for “the Environmental Information Regulations (Northern Ireland) 1993”, substitute “the Environmental Information Regulations 2004”.
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(1) The Fertilisers Regulations (Northern Ireland) 1992 are amended as follows.
(2) Omit regulations 1A and 2.
(3) Before regulation 3, insert—“
2A. 
These Regulations do not apply to fertilisers designated as “EC fertilisers”.”.
(4) In regulation 3—
(a) for the heading, substitute “Control of materials”;
(b) renumber the existing regulation as paragraph (1) of regulation 3;
(c) omit “, not being designated as an EEC fertiliser or EC fertiliser,”.
(5) In regulation 3A—
(a) renumber the existing regulation as paragraph (2) of regulation 3;
(b) omit “, not being designated as an EEC fertiliser or EC fertiliser,”.
(6) In regulation 4(4) and (5), omit “, not being designated as EEC fertilisers or EC fertilisers,”.
(7) In the following regulations, omit “, not being designated as an EEC fertiliser or EC fertiliser,”—
(a) regulation 7(b) and (c);
(b) regulation 9(b) and (c).
(8) In regulation 10 (Register of marks), in paragraph (1), at the beginning, omit “Except in the case of materials sold or offered for sale designated as EEC fertilisers or EC fertilisers,”.
(9) Omit regulation 11 (Enforcement).
(10) Schedule 1 (Prescribed descriptions of material, meanings of names, particulars and information to be contained in the statutory statement and limits of variation), is amended as follows—
(a) in the following paragraphs, omit “, not being designated as EEC fertilisers or EC fertilisers,”—
(i) paragraph 6;
(ii) paragraph 7(a)(i) and (b);
(b) in section B of the table, in column 4, in the table relating to nitrogen, in each place it occurs—
(i) omit the column headed “EC fertiliser”;
(ii) in the second column, for “Other than EEC fertiliser or EC fertiliser”, substitute “Fertiliser”;
(c) in section C of the table, in group 2, in column (4), in each place they occur, omit—
(i) “EC fertiliser”;
(ii) “Other than EEC fertiliser or EC fertiliser”.
(11) Schedule 2 (Manner of marking and labelling materials and fastening of packaged material), is amended as follows—
(a) in Part I, in paragraph 1—
(i) omit sub-paragraph (a);
(ii) in sub-paragraph (i), omit the words from the beginning to “EC fertilisers,”;
(iii) in sub-paragraph (k), omit “, sold or offered for sale as an EC fertiliser,”;
(b) in Part II, in paragraph 2, omit the words from the beginning to “EC fertiliser,”.
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(1) The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations (Northern Ireland) 1996 are amended as follows.
(2) In regulation 4 (Exemptions for requirements to carry out risk assessments)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) in sub-paragraph (2)(c) for “Council Regulation (EEC) No. 2309/93”, substitute “Regulation (EC) No 726/2004 of the European Parliament and the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency, as last amended by Regulation (EU) 1027/2012”;
(d) in sub-paragraph (2)(e) for “Regulation (EC) No 258/97 of the European Parliament and of the Council”, substitute “Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods”.
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(1) The Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 are amended as follows.
(2) In regulation 2(1) (Interpretation), in the definitions of—
(a) “approved product”, for “18(2) of the Deliberate Release Directive or Article 13(2) or (4) of the 1990 Directive”, substitute “18 of the Deliberate Release Directive”;
(b) “Contained Use Directive”, for “Council Directive 90/219/EEC” to the end, substitute “Directive 2009/41/EC of the European Parliament and of the Council on the contained use of genetically modified micro-organisms”;
(c) “the Deliberate Release Directive”, at the end, add “as last amended by Commission Directive (EU) 2018/350”;
(d) “the Food and Feed Regulation”, at the end, add “as last amended by Regulation (EC) 298/2008”.
(3) In regulation 15, (Exempt activities)
(a) for paragraph (e), substitute—“
(e) a genetically modified organism authorised under Regulation (EC) No 726/2004 of the European Parliament and the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency, as last amended by Regulation (EU) 1027/2012, is marketed; or”;
(b) in sub-paragraph (f), for “Council Regulation (EC) No. 258/97” to “Regulation 1882/2003”, substitute “Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods”.
(4) In regulation 16 (Applications for consent to market), in paragraph (5), for “either the Deliberate Release Directive or the 1990 Directive”, substitute “the Deliberate Release Directive”.
(5) Omit regulation 17.
(6) In regulation 24 (Decisions by the Department on applications to market genetically modified organisms), in paragraph 5—
(a) after “2002/53/EC”, insert “as last amended by Regulation (EC) 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed”;
(b) after “2002/55/EC”, add “as last amended by Commission Implementing Directive (EU) 2016/317”.
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In the Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2004, in regulation 2, in the definition of “Action Programme”, at the end, add “as amended from time to time”.
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In the Genetically Modified Organisms (Traceability and Labelling) Regulations (Northern Ireland) 2005, in regulation 2(1) (Interpretation), in the definition of “the Council Regulation”, at the end, add “as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council”.
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(1) The EC Fertilisers Regulations (Northern Ireland) 2006 are amended as follows—
(2) In regulation 2 (Interpretation), in the definition of “the Community Regulation”, at the end, add “as amended from time to time”.
(3) Omit regulation 15 (Competent laboratories).
(4) In paragraph (c) of regulation 16 (Treatment of samples), for “33”, substitute “30”.
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(1) The Plant Protection Regulations (Northern Ireland) 2011 are amended as follows.
(2) In regulation 2 (Interpretation), in the definition of “Regulation 1107/2009”, omit “of which Articles 30(3) and 52(4), and Annexes I to V of that Regulation are to be read”.
(3) In regulation 16(c) (Labelling), after “on the market”, insert “as amended from time to time”.
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(1) The Seed Marketing Regulations (Northern Ireland) 2016 are amended as follows.
(2) In regulation 3(1), after paragraph (b), insert—“
(b1) “European Single Market State” means an EEA state or Switzerland;”.
(3) In regulation 8, and in schedules 3 and 4, for “member State”, in each place it occurs, substitute “European Single Market State”.
(4) In Schedule 4, paragraph 13—
(a) in sub-paragraph (a), after “(on the deliberate release into the environment of genetically modified organisms)”, insert “as last amended by Commission Directive (EU) 2018/350”;
(b) in sub-paragraph (b), at the end, add “as last amended by Regulation (EC) 298/2008”.
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 13 December 2018.
Dave Foster
A senior officer of the
Department of Agriculture, Environment and Rural Affairs
