The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019

Changes over time for: Section 5

Alternative versions:

31/12/2020- Amendment

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There are currently no known outstanding effects for the The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019, Section 5.

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The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017E+W

5.—(1) The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 are amended as follows.

(2) In regulation 2—

(a)in the definition of “basic material”, in paragraph (b), for “ Article 15 of Directive 2014/98/EU;” substitute

“(i)in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;

(ii)in the case of material produced in a Crown Dependency [F1or a country granted equivalence], legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

F2(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”;

(b)in the definition of “CAC material”, in paragraph (b), for “ Article 23 of Directive 2014/98/EU;” substitute—

“(i)in the case of material and plants produced in the United Kingdom, the relevant fruit marketing regulations;

(ii)in the case of material and plants produced in a Crown Dependency [F3or a country granted equivalence], legislation recognised by the Welsh Ministers as having equivalent effect to Schedule 1;

F4(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”;

(c)in the definition of “certified material”, in paragraph (b), for “ Article 20 of Directive 2014/98/EU;” substitute—

“(i)in the case of material and plants produced in the United Kingdom, the relevant fruit marketing regulations;

(ii)in the case of material and plants produced in a Crown Dependency [F5or a country granted equivalence], legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

F6(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”;

[F7(ca)in the appropriate place insert—

““country granted equivalence” (“gwlad y caniatawyd cywerthedd iddi”) means a country that has been assessed under regulation 5(3) and the Welsh Ministers are satisfied that the plant material from the country is produced under conditions equivalent to the requirements in these Regulations for plant material;”;]

(d)in the appropriate place insert—

““Crown Dependency” (“Tiriogaeth Ddibynnol y Goron”) means the Isle of Man or any of the Channel Islands;”;

(e)in the appropriate place insert—

“" “the fruit marketing regulations” (“y rheoliadau marchnata ffrwythau”) means—

(a)as regards England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 M1;

(b)as regards Scotland, the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 M2;

(c)as regards Northern Ireland, the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 M3—

and “the relevant fruit marketing regulations” (“y rheoliadau marchnata ffrwythau perthnasol”), in relation to any constituent part of the United Kingdom, means the fruit marketing regulations applicable in relation to that part;”;

(f)in the definition of “official label”, in paragraph (b), for the words “ Article 2 of Directive 2014/96/EU;” substitute—

“(i)in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;

(ii)in the case of plant material produced in a Crown Dependency [F8or a country granted equivalence], legislation recognised by the Welsh Ministers as having equivalent effect to Part 1 of Schedule 2;

F9(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”;

(g)in the definition of “outside Wales”, for the words from “ or any member” to the end, substitute “ [F10, any Crown Dependency or country granted equivalence] ”;

(h)in the definition of “plant variety rights”—

(i)in paragraph (a), at the end insert “ or ”;

(ii)omit paragraph (b).

(i)in the definition of “pre-basic material”, in paragraph (b), for “ Articles 3 or 4 of Directive 2014/98/EU;” substitute—

“(i)in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;

(ii)in the case of material produced in a Crown Dependency [F11or a country granted equivalence], legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

F12(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

[F13(3) In regulation 4(3), for “the European Union” substitute “Great Britain”.]

[F14(4) In regulation 5, in paragraph (3), for “European Union” substitute “United Kingdom”.]

(5) In regulation 7—

(a)in paragraph (3), for the words from “the second” to the end substitute “ that paragraph ”;

(b)in paragraph (4), for sub-paragraph (b) substitute—

“(b)registration as a variety by the responsible authority in any part of the United Kingdom outside Wales in accordance with—

(i)in relation to England, Schedule 4 to the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017;

(ii)in relation to Scotland, Schedule 4 to the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017;

(iii)in relation to Northern Ireland, Schedule 3 to the Marketing of Fruit Plant and Propagating Material (Northern Ireland) Regulations 2017.”.

F15(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In Schedule 2—

(a)in paragraph 4(b), for “EU” substitute “ [F18GB] ”;

(b)in paragraph 5, for “indelibly printed” to the end substitute—

“(a)easily visible and legible, and

(b)indelibly printed in English (but may also be printed in other languages)”;

(c)in paragraph 8—

(i)in sub-paragraph (a), for “EU” substitute “ [F19GB] ”;

(ii)in [F20sub-paragraph (b)(i)], for “member State” substitute “ country ”;

(d)in paragraph 9, for “indelibly printed” to the end substitute—

“(a)easily visible and legible, and

(b)indelibly printed in English (but may also be printed in other languages)”.

(10) Schedule 4 is amended in accordance with paragraphs 11 to 16.

(11) In paragraph 1—

(a)in the definition of “appropriate protocol”—

(i)omit paragraph (a);

(ii)in paragraph (b)—

(aa)omit the words from “where” to “species, ”;

(bb)after the word “stability” insert “ for the particular genus or species concerned ”;

(iii)in paragraph (c)—

(aa)omit “protocols mentioned at (a) or ”;

(bb)after the word “established” insert “ or recognised ”;

(b)in the appropriate place insert—

““the GMO Regulations” (“y Rheoliadau GMO”) means—

(a)in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M4;

(b)in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M5;

(c)in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M6;

(d)in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M7;”.

(12) In paragraph 2—

(a)in sub-paragraph (2)(b), omit “or in another member State, ”;

(b)in sub-paragraph (3), for “member State” substitute “ country which is a member of UPOV ”.

(13) In paragraph 3—

(a)in sub-paragraph (1)(c), for the words from “is authorised” to the end substitute—

“(i)is authorised for cultivation pursuant to Regulation (EC) No 1829/2003 or the GMO Regulations, or

(ii)before the day on which [F21implementation period completion day] falls has been authorised for cultivation pursuant to Directive 2001/18/EC.”;

(b)in sub-paragraph (3), for “outside Wales” substitute “ elsewhere in the United Kingdom or in another country which is a member of UPOV ”.

(14) In paragraph 6(1)—

(a)in paragraph (c), for “or in another member State” substitute “ ; or ”;

(b)after paragraph (c) insert—

“(d)by a competent authority outside the United Kingdom if the Welsh Ministers are satisfied that those growing trials are of equivalent standards to those carried out by or on behalf of the Welsh Ministers.”.

(15) In paragraph 7—

(a)in sub-paragraph (1)(a), for the words “consists is” to the end substitute—

“consists—

(i)is authorised for cultivation pursuant to Regulation (EC) No 1829/2003 M8 or the GMO Regulations, or

(ii)has, before the day on which [F22implementation period completion day] falls, been authorised for cultivation pursuant to Directive 2001/18/EC; or”;

(b)in sub-paragraph (4)(a), omit “Directive 2001/18/EC or ”.

(16) In paragraph 8(1)(d), for the words from “ceases” to the end substitute—

“(i)ceases to be authorised pursuant to Regulation (EC) No 1829/2003 or the GMO Regulations; or

(ii)has, before the day on which [F23implementation period completion day] falls, been authorised for cultivation pursuant to Directive 2001/18/EC and ceases to be authorised”.

(17) In Schedule 5—

(a)in paragraph 5—

(i)in sub-paragraph (4)(a), for “outside Wales” substitute “ in any part of the United Kingdom other than Wales or in another country which is a member of UPOV ”;

(ii)in sub-paragraph (7), for the definition of “register of varieties” substitute—

““register of varieties” (“cofrestr amrywogaethau”) means, in relation to the registration of varieties, the register maintained—

(a)in Wales, under paragraph 4(1) of Schedule 4;

(b)in England, under paragraph 4(1) of Schedule 4 to the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017;

(c)in Scotland, under paragraph 2(1) of Schedule 4 to the Marketing of Fruit Plant and Propagating Material (Scotland) 2017;

(d)in Northern Ireland, for the purposes of paragraph 1 of Schedule 3 to the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017;”;

(b)omit paragraph 8(2)(a).

Textual Amendments

F1Words in reg. 5(2)(a) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(aa)

F2Words in reg. 5(2)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(bb)

F3Words in reg. 5(2)(b) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(aa)

F4Words in reg. 5(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(bb)

F5Words in reg. 5(2)(c) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(aa)

F6Words in reg. 5(2)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(bb)

F7Reg. 5(2)(ca) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(ii)

F8Words in reg. 5(2)(f) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(aa)

F9Words in reg. 5(2)(f) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(bb)

F10Words in reg. 5(2)(g) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(iii)