2007 No. 2747 (W.230)
The Seed (Miscellaneous Amendments) (Wales) Regulations 2007
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4) and (5) and 36 of the Plant Varieties and Seeds Act 1964 and now vested in them1.
In accordance with section 16(1) of that Act the Welsh Ministers have consulted with representatives of such interests as appear to them to be concerned.
Title and commencement1
The title of these Regulations is the Seed (Miscellaneous Amendments) (Wales) Regulations 2007 and they come into force on 11 October 2007.
Amendment of the Beet Seed (Wales) Regulations 20052
1
The Beet Seed (Wales) Regulations 20052 are amended as follows.
2
In regulation 2(1)—
a
in the definition of “equivalent third country” omit “Bulgaria” and “Romania”; and
b
for the definition of “the Third Country Equivalence Decision”, substitute—
“the Third Country Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries;
3
In regulation 18(2)(b) for “the seed satisfies” substitute “the crop satisfies”.
4
In regulation 23—
a
for paragraph (5) substitute—
5
A package of officially certified pre-basic seed must be labelled—
a
in the case of a package of seed sealed in Wales, in accordance with paragraphs 4 to 7 of Schedule 8;
b
in the case of a package of seed sealed—
i
in the United Kingdom, elsewhere than in Wales, or
ii
in another member State,
in accordance with the provisions of Article 21(c) of the Beet Seed Directive; and
c
in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision.
b
in paragraph (13) after “paragraph” insert “3A,”.
5
In Part I of Schedule 1—
a
after paragraph 3 insert—
Third country officially certified pre-basic seed of a listed variety3A
1
In these Regulations “third country officially certified pre-basic seed of a listed variety” means seed to which sub-paragraph (2) or (4) applies.
2
This sub-paragraph applies to pre-basic seed of a listed variety—
a
that was harvested from a crop that was produced—
i
in an equivalent third country; and
ii
from a preceding generation of seed that was produced in accordance with the provisions applicable to basic seed specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;
b
that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with the OECD Beet Seed Scheme and the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
c
that has been packed in packages that have been officially closed and marked in accordance with the OECD Beet Seed Scheme and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
d
that has been imported into the United Kingdom accompanied by the appropriate documentation.
3
For the purposes of sub-paragraph (2)(d), the appropriate documentation is—
a
in a case where the seed has been certified in the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions; and
b
in all other cases—
i
an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as pre-basic seed; and
ii
an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for pre-basic seed other than those relating to varietal identity and varietal purity.
4
This sub-paragraph applies to pre-basic seed—
a
of a previously listed variety that is on the OECD List and for which a marketing extension is in force; and
b
that complies with sub-paragraph (2)(a) to (d).
b
for paragraph 7 substitute—
Officially certified pre-basic seed7
In these Regulations “officially certified pre-basic seed” means—
a
UK officially certified pre-basic seed of a listed variety;
b
EC officially certified pre-basic seed of a listed variety;
c
third country officially certified pre-basic seed of a listed variety;
d
overseas tested officially certified pre-basic seed of a listed variety;
e
UK officially certified early movement pre-basic seed of a listed variety; and
f
EC officially certified early movement pre-basic seed of a listed variety.
6
In Schedule 5 in column (1) of the table, in the entry numbered 1, after “EC” insert “, third country”.
7
In Schedule 6 after paragraph 3 insert—
3A
Third country officially certified pre-basic seed of a listed variety.
8
In Schedule 10 in the table, after the row containing the entry for “third country officially certified CS seed of a listed variety” insert the following row—
third country officially certified pre-basic seed of a listed variety
Paragraph 3A of Schedule 1
Amendment of the Cereal Seed (Wales) Regulations 20053
1
The Cereal Seed (Wales) Regulations 20054 are amended as follows.
2
In regulation 2(1)—
a
in the definition of “equivalent third country” omit “Bulgaria” and “Romania”; and
b
for the definition of “the Third Country Equivalence Decision” substitute—
“the Third Country Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries;
3
In regulation 13(3)(a)(i), (5)(c), (d) and (e)(ii) after “EC” insert “, third country”.
4
In regulation 20(2)(b)(i) and (ii), for “the seed satisfies” substitute “the crop satisfies”.
5
In regulation 26—
a
for paragraph (6) substitute—
6
A package of officially certified pre-basic seed, other than a small package of such seed sealed in the United Kingdom, shall be labelled—
a
in the case of a package of seed sealed in Wales, in accordance with paragraphs 5 to 8 of Schedule 8;
b
in the case of a package of seed sealed—
i
in the United Kingdom, elsewhere than in Wales, or
ii
in another member State,
in accordance with the provisions of Article 14a(c) of the Cereal Seed Directive; and
c
in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision.
b
in paragraph (17) after “paragraph” insert “3A, 8A,”.
6
In Part I of Schedule 1—
a
after paragraph 3 insert—
Third country officially certified pre-basic seed of a listed variety3A
1
In these Regulations “third country officially certified pre-basic seed of a listed variety” means seed of an approved species to which sub-paragraph (2) or (4) applies.
2
This sub-paragraph applies to pre-basic seed of a listed variety—
a
that was harvested from a crop that was produced—
i
in an equivalent third country; and
ii
from a preceding generation of seed that was produced in accordance with the provisions applicable to basic seed specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;
b
that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with—
i
in the case of seed other than maize, the OECD Cereal Seed Scheme;
ii
in the case of maize, the OECD Maize and Sorghum Seed Scheme; and
iii
in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
c
that has been packed in packages that have been officially closed and marked in accordance with—
i
in the case of seed other than maize, the OECD Cereal Seed Scheme;
ii
in the case of maize, the OECD Maize and Sorghum Seed Scheme;
and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
d
that has been imported into the United Kingdom accompanied by the appropriate documentation.
3
For the purposes of sub-paragraph (2)(d), the appropriate documentation is—
a
in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions; and
b
in all other cases—
i
an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as pre-basic seed; and
ii
an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for pre-basic seed other than those relating to varietal identity and varietal purity.
4
This sub-paragraph applies to pre-basic seed—
a
of a previously listed variety that is on the OECD List and for which a marketing extension is in force; and
b
that complies with sub-paragraph (2)(a) to (d).
b
after paragraph 8 insert—
Third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety8A
1
In these Regulations “third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means pre-basic seed of an approved species to which sub-paragraph (2) or (4) applies.
2
This sub-paragraph applies to pre-basic seed of a component used in the production of a listed hybrid variety—
a
that was harvested from a crop that was produced—
i
in an equivalent third country; and
ii
from a preceding generation of seed that was produced in accordance with the provisions applicable to basic seed specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;
b
that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with—
i
in the case of seed other than maize, the OECD Cereal Seed Scheme;
ii
in the case of maize, the OECD Maize and Sorghum Seed Scheme; and
iii
in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
c
that has been packed in packages that have been officially closed and marked in accordance with—
i
in the case of seed other than maize, the OECD Cereal Seed Scheme;
ii
in the case of maize, the OECD Maize and Sorghum Seed Scheme, and
as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
d
that has been imported into the United Kingdom accompanied by the appropriate documentation.
3
For the purposes of sub-paragraph (2)(d), the appropriate documentation is—
a
in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions; and
b
in all other cases—
i
an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as pre-basic seed; and
ii
an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for pre-basic seed other than those relating to varietal identity and varietal purity.
4
This sub-paragraph applies to pre-basic seed of a component—
a
of a previously listed hybrid variety that is on the OECD List and for which a marketing extension is in force; and
b
that complies with sub-paragraph (2)(a) to (d).
c
for paragraph 12 substitute —
12
In these Regulations “officially certified pre-basic seed” means—
a
UK officially certified pre-basic seed of a listed variety;
b
EC officially certified pre-basic seed of a listed variety;
c
third country officially certified pre-basic seed of a listed variety;
d
overseas tested officially certified pre-basic seed of a listed variety;
e
UK officially certified early movement pre-basic seed of a listed variety;
f
EC officially certified early movement pre-basic seed of a listed variety;
g
UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
h
EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
i
third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
j
overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
k
UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety; and
l
EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.
7
In Schedule 5 in column (1) of the table, in the entries numbered 1(a) and 3(a) after “EC” in paragraphs 1(a) and 3(a) insert “, third country”.
8
In Schedule 6—
a
after paragraph 3 insert—
3A
Third country officially certified pre-basic seed of a listed variety.
b
after paragraph 32 insert—
32A
Third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety.
9
In Schedule 10 in the table after the row containing the entry for “third country officially certified CS seed of a listed variety” insert the following rows—
third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety
Paragraph 8A of Schedule 1
third country officially certified pre-basic seed of a listed variety
Paragraph 3A of Schedule 1
Amendment of the Fodder Plant Seed (Wales) Regulations 20054
1
The Fodder Plant Seed (Wales) Regulations 20055 are amended as follows.
2
In regulation 2(1)—
a
in the definition of “equivalent third country” omit “Bulgaria” and “Romania”; and
b
for the definition of “the Third Country Equivalence Decision” substitute the following definition—
“the Third Country Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries;
3
In regulation 10(4)(b)(i) and (c)(i) for “UK, EC or overseas tested” substitute “UK, EC, third country or overseas tested”.
4
In regulation 13(3)(a)(i), (5)(b) and (c)(ii) after “EC” insert “, third country”.
5
In regulation 20(2)(b)(i) and (ii), for “the seed satisfies” substitute “the crop satisfies”.
6
In regulation 26—
a
for paragraph (6) substitute—
6
A package of officially certified pre-basic seed shall be labelled—
a
in the case of a package of seed sealed in Wales, in accordance with paragraphs 5 to 8 of Schedule 8;
b
in the case of a package of seed sealed—
i
in the United Kingdom, elsewhere than in Wales, or
ii
in another member State,
in accordance with the provisions of Article 14a(c) of the Fodder Plant Seed Directive; and
c
in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision.
b
in paragraph (20) after “paragraph” insert “3A,”.
7
In Part I of Schedule 1—
a
after paragraph 3 insert—
Third country officially certified pre-basic seed of a listed variety3A
1
In these Regulations “third country officially certified pre-basic seed of a listed variety” means seed to which sub-paragraph (2) or (4) applies.
2
This sub-paragraph applies to pre-basic seed of a listed variety—
a
that was harvested from a crop that was produced in an equivalent third country from a preceding generation of seed that was produced in accordance with the provisions applicable to basic seed specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;
b
that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with—
i
in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and
ii
in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme; and
iii
in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
c
that has been packed in packages that have been officially closed and marked in accordance with—
i
in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and
ii
in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme,
and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
d
that has been imported into the United Kingdom accompanied by the appropriate documentation.
3
For the purposes of sub-paragraph (2)(d), the appropriate documentation is—
a
in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions; and
b
in all other cases—
i
an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as pre-basic seed; and
ii
an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for pre-basic seed other than those relating to varietal identity and varietal purity.
4
This sub-paragraph applies to pre-basic seed—
a
of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and
b
that complies with sub-paragraph (2)(a) to (d).
b
for paragraph 7 substitute—
Officially certified pre-basic seed7
In these Regulations “officially certified pre-basic seed” means—
a
UK officially certified pre-basic seed of a listed variety;
b
EC officially certified pre-basic seed of a listed variety;
c
third country officially certified pre-basic seed of a listed variety;
d
overseas tested officially certified pre-basic seed of a listed variety;
e
UK officially certified early movement pre-basic seed of a listed variety; and
f
EC officially certified early movement pre-basic seed of a listed variety.
8
In Schedule 5 in column (1) of the table, in the entry numbered 1(a) after “EC” insert “, third country”.
9
In Schedule 6 after paragraph 3, insert—
3A
Third country officially certified pre-basic seed of a listed variety.
10
In Schedule 10 in the table after the row containing the entry “third country officially certified CS seed of a listed variety”, insert the following row—
third country officially certified pre-basic seed of a listed variety
Paragraph 3A of Schedule 1
Amendment of the Oil and Fibre Plant Seed (Wales) Regulations 20045
1
The Oil and Fibre Plant Seed (Wales) Regulations 20046 are amended as follows.
2
In regulation 2(1)—
a
in the definition of “equivalent third country” omit “Bulgaria” and “Romania”; and
b
for the definition of “the Third Country Equivalence Decision” substitute the following definition—
“the Third Country Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries;
3
In regulation 10(4)(b)(i), (c)(i) and (d)(i) for “UK, EC or overseas tested” substitute “UK, EC, third country or overseas tested”.
4
In regulation 13(3)(a)(i), (5)(c) and (d) after “EC” insert “, third country”.
5
In regulation 19(2)(b)(i) and (ii), for “the seed satisfies” substitute “the crop satisfies”.
6
In regulation 26—
a
for paragraph (5) substitute—
5
A package of officially certified pre-basic seed shall be labelled—
a
in the case of a package of seed sealed in Wales, in accordance with paragraphs 4 to 7 of Schedule 8;
b
in the case of a package of seed sealed—
i
in the United Kingdom, elsewhere than in Wales, or
ii
in another member State,
in accordance with the provisions of Article 18(c) of the Oil and Fibre Plant Seed Directive; and
c
in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision.
b
in paragraph (16) after “paragraph” insert “3A, 8A,”.
7
In Part I of Schedule 1—
a
after paragraph 3, insert—
Third country officially certified pre-basic seed of a listed variety3A
1
In these Regulations “third country officially certified pre-basic seed of a listed variety” means seed to which sub-paragraph (2) or (4) applies.
2
This sub-paragraph applies to pre-basic seed of a listed variety—
a
that was harvested from a crop that was produced—
i
in an equivalent third country; and
ii
from a preceding generation of seed that was produced in accordance with the provisions applicable to basic seed specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;
b
that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with—
i
in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme;
ii
in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
iii
in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
c
that has been packed in packages that have been officially closed and marked in accordance with—
i
in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme; and
ii
in the case of soya bean seed, the OECD Grass and Legume Seed Scheme,
and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
d
that has been imported into the United Kingdom accompanied by the appropriate documentation.
3
For the purposes of sub-paragraph (2)(d), the appropriate documentation is—
a
in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions; and
b
in all other cases—
i
an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as pre-basic seed; and
ii
an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for pre-basic seed other than those relating to varietal identity and varietal purity.
4
This sub-paragraph applies to pre-basic seed—
a
of a previously listed variety that is on the OECD List and for which a marketing extension is in force; and
b
that complies with sub-paragraph (2)(a) to (d).
b
after paragraph 8 insert—
Third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety8A
1
In these Regulations “third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means seed to which sub-paragraph (2) or (4) applies.
2
This sub-paragraph applies to pre-basic seed of a component used in the production of a listed hybrid variety—
a
that was harvested from a crop that was produced—
i
in an equivalent third country; and
ii
from a preceding generation of seed that was produced in accordance with the provisions applicable to basic seed specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;
b
that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with—
i
in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme; and
ii
in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
iii
in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
c
that has been packed in packages that have been officially closed and marked in accordance with—
i
in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
ii
in the case of soya bean seed, the OECD Grass and Legume Seed Scheme,
and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
d
that has been imported into the United Kingdom accompanied by the appropriate documentation.
3
For the purposes of sub-paragraph (2)(d), the appropriate documentation is—
a
in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions; and
b
in all other cases—
i
an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as pre-basic seed; and
ii
an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for pre-basic seed other than those relating to varietal identity and varietal purity.
4
This sub-paragraph applies to pre-basic seed of a component—
a
of a previously listed hybrid variety that is on the OECD List and for which a marketing extension is in force; and
b
that complies with sub-paragraph (2)(a) to (d).
c
for paragraph 12, substitute—
12
In these Regulations “officially certified pre-basic seed” means—
a
UK officially certified pre-basic seed of a listed variety;
b
EC officially certified pre-basic seed of a listed variety;
c
third country officially certified pre-basic seed of a listed variety;
d
overseas tested officially certified pre-basic seed of a listed variety;
e
UK officially certified early movement pre-basic seed of a listed variety;
f
EC officially certified early movement pre-basic seed of a listed variety;
g
UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
h
EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
i
third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
j
overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
k
UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety; and
l
EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.
8
In Schedule 5 in column (1) of the table, after “EC” in the entries numbered 1(a) and 3(a) insert “, third country”.
9
In Schedule 6—
a
after paragraph 3 insert—
3A
Third country officially certified pre-basic seed of a listed variety.
b
after paragraph 40 insert—
40A
Third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety.
10
In Schedule 10 in the table, after the entry for “third country officially certified CS seed of a listed variety” insert the following rows—
third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety
Paragraph 8A of Schedule 1
third country officially certified pre-basic seed of a listed variety
Paragraph 3A of Schedule 1
Amendment of the Vegetable Seed (Wales) Regulations 20056
1
The Vegetable Seed (Wales) Regulations 20057 are amended as follows.
2
In regulation 2(1) for the definition of “the Vegetable Seed Directive” substitute the following definition—
“the Vegetable Seed Directive” means Council Directive 2002/55/EC on the marketing of vegetable seed;
3
For regulation 3, substitute—
Definitions relating to plant species3
In these Regulations—
“asparagus” means plants commonly known by that name of the species Asparagus officinalis L.;
“beetroot” means plants commonly known by that name of the species Beta vulgaris L., and includes plants commonly known as Cheltenham beet;
“broad bean” means plants commonly known by that name of the species Vicia faba L. (partim);
“Brussels sprouts” means plants commonly known by that name of the species Brassica oleracea L.;
“carrot” means plants commonly known by that name of the species Daucus carota L., and includes plants commonly known as fodder carrot;
“cauliflower” means plants commonly known by that name of the species Brassica oleracea L.;
“celery” means plants commonly known by that name of the species Apium graveolens L., and includes plants commonly known as celeriac;
“chard and spinach beet” means plants commonly known by those names of the species Beta vulgaris L.;
“Chinese cabbage” means plants commonly known by that name of the species Brassica rapa L.;
“cucumber and gherkin” means plants commonly known by those names of the species Cucumis sativus L.;
“curly kale” means plants commonly known by that name of the species Brassica oleracea L.;
“endive” means plants commonly known as curled-leaved endive or plain-leaved endive of the species Cichorium endivia L.;
“French bean” means plants commonly known as dwarf French bean or climbing French bean of the species Phaseolus vulgaris L.;
“gourd” means plants commonly known by that name of the species Cucurbita maxima Duchesne;
“kohlrabi” means plants commonly known by that name of the species Brassica oleracea L.;
“large-leaved chicory and Witloof chicory” means plants commonly known by those names of the species Cichorium intybus L., and includes plants commonly known as Italian chicory;
“leek” means plants commonly known by that name of the species Allium porrum L.;
“legume” means broad beans, French beans, runner beans and peas;
“lettuce” means plants commonly known by that name of the species Lactuca sativa L.;
“marrow” means plants commonly known by that name of the species Cucurbita pepo L., and includes plants commonly known as courgette;
“melon” means plants commonly known by that name of the species Cucumis melo L.;
“onion” means plants commonly known by that name of the species Allium cepa L. Cepa Group, and includes plants commonly known as Echalion;
“parsley” means plants commonly known by that name of the species Petroselinum crispum (Mill.) Nyman ex A.W. Hill;
“pea” means plants commonly known as wrinkled pea, round pea or sugar pea of the species Pisum sativum L. (partim);
“radish” means plants commonly known by that name of the species Raphanus sativus L., and includes plants commonly known as black radish;
“red cabbage” means plants commonly known by that name of the species Brassica oleracea L.;
“runner bean” means plants commonly known by that name of the species Phaseolus coccineus L.;
“Savoy cabbage” means plants commonly known by that name of the species Brassica oleracea L.;
“spinach” means plants commonly known by that name of the species Spinacia oleracea L.;
“sprouting broccoli” means plants commonly known by that name of the species Brassica oleracea L., and includes plants commonly known as calabrese;
“sweet corn or popcorn” means plants commonly known by those names of the species Zea mays L. (partim);
“tomato” means plants commonly known by that name of the species Lycopersicon esculentum Mill.;
“turnip” means plants commonly known by that name of the species Brassica rapa L.; and
“white cabbage” means plants commonly known by that name of the species Brassica oleracea L..
4
In Schedule 2 for the entries numbered 27 and 28 substitute—
27
Sweet corn or popcorn.
28
Tomato.
29
Turnip.
5
In Schedule 4—
a
in the table in paragraph 3 for the rows lettered (aa) and (bb) substitute the following rows—
aa
sweet corn or popcorn
98
0.1
bb
tomato
97
0.5
cc
turnip
97
1.0
b
in the table in paragraph 4(1) for the rows lettered (aa) and (bb) substitute the following rows—
aa
sweet corn or popcorn
85
bb
tomato
75
cc
turnip
80
6
In Schedule 7 in the table for the rows numbered 27 and 28, substitute the following rows—
27
sweet corn or popcorn
20
1000
28
tomato
10
25
29
turnip
10
25
7
In Schedule 8 in the heading to paragraph 30 for “Official” substitute “Supplier's”.
8
In Schedule 10 in the table after the row containing the entry for “standard seed” insert the following row—
sweet corn and popcorn
Regulation 3
Amendment of the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005
7
The Seed (Registration, Licensing and Enforcement) (Wales) Regulations 20059 are amended as follows.
8
In Schedule 5 in the table in paragraph 13—
a
in column (2) of the row containing the entry for “Field pea (fodder pea)”, for “B” substitute “C”; and
b
after the row containing the entry for “Swede rape” insert the following row—
Sweet corn and popcorn
C
(This note is not part of the Regulations)