The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations come into force on 1st July 2016 and extend to Scotland only. They revoke and replace the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 (S.S.I. 2006/313).

These Regulations implement in part—

• Council Directive 66/401/EEC on the marketing of fodder plant seed (OJ L 125, 11.7.1966, p.2298);

• Council Directive 66/402/EEC on the marketing of cereal seed (OJ L 125, 11.7.1966, p.2309);

• Council Directive 2002/54/EC on the marketing of beet seed (OJ L 193, 20.7.2002, p.12);

• Council Directive 2002/55/EC on the marketing of vegetable seed (OJ L 193, 20.7.2002, p.33); and

• Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p.74).

Regulation 3 makes provision for the making of applications for a licence by professional seed operators (as defined in regulation 2(1) to include seed merchants, seed packers and seed processors), crop inspectors, seed samplers or by a person in respect of a seed testing station.

Regulation 4 sets out the powers of the Scottish Ministers to grant a licence (with or without conditions), for a maximum period of 5 years, or otherwise to refuse an application for a licence.

Regulation 5 provides a power to vary a licence (whether or not at the request of a licence holder).

Regulation 6 provides a power to terminate a licence at the request of the licence holder.

Regulation 7 provides powers to suspend or revoke a licence (in whole or in part).

Regulation 8 provides powers to require training or the undertaking of examinations by crop inspectors or seed samplers or personnel at a licensed seed testing station.

Regulation 9 sets out the duties of an Analyst in Charge of a licensed seed testing station.

Regulation 10 requires the Scottish Ministers to maintain a register containing information about licences granted under these Regulations.

Regulation 11 sets out the powers and duties for licensed crop inspectors, licensed seed samplers and licensed seed testing stations in respect of charging fees in connection with the carrying out of functions under a licence.

Regulation 12 requires authorised officers appointed by the Scottish Ministers to carry out checks and supervise licence holders.

Regulation 13 provides for the taking of samples for the enforcement of the Seeds Marketing Regulations (as defined in regulation 2(1)).

Regulation 14 and Schedules 1 and 2 respectively provides for the form of certificates in respect of the taking of a sample or the results of tests of seeds under these Regulations.

Regulations 15 and 16 provide respectively for a right to make representations (to the Scottish Ministers) in respect of, or to appeal (to the Plant Varieties and Seeds Tribunal), against certain decisions taken or to be taken in relation to licences under these Regulations.

Regulation 17 enables the Scottish Ministers to exempt persons from compliance with any provision of these Regulations.

Regulation 18 enables the Scottish Ministers to extend the timescales for delivery of documents otherwise applicable under these Regulations.

Regulation 19 requires records to be kept under these Regulations for at least 6 years.

Regulation 20 makes provision for the service of notices.

Regulation 21 provides for applications, representations, notices and requests under these Regulations to be in writing (which includes electronic communications).

Regulation 22 and Schedule 3 consequentially amend some of the Seed Marketing Regulations (as defined in regulation 2(1)) and also amends the Seed Potatoes (Scotland) Regulations 2015. Paragraph 2(6) of Schedule 3 also amends the Cereal Seed (Scotland) Regulations 2005 to implement Commission Implementing Directive (EU) 2015/1955 (OJ L 284, 30.10.2015, p.142), which amends Annexes I and II to Council Directive 66/402/EEC on the marketing of cereal seed, with a further consequential amendment made by paragraph 2(7) to Schedule 9 to those Regulations. Paragraph 5 of Schedule 3 amends regulation 18(1) of the Seed Potatoes (Scotland) Regulations 2015 to correct a drafting error.

Regulation 23 revokes the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 subject to savings and transitional provisions.

No business and regulatory impact assessment has been prepared for these Regulations.