The Seeds (National Lists of Varieties) Regulations 2001

National Lists of plant varieties and the Gazette

3.—(1) For the purposes referred to in paragraph (2) below the Secretary of State shall—

(a) prepare the National Lists of plant varieties of the species specified in Part I of Schedule 1 accepted on to the National Lists by the National Authorities; and

(b) publish these National Lists in the Gazette.

(2) The National Authorities shall accept a plant variety on to a National List in accordance with these Regulations—

(a) for purposes in relation to the marketing of seed of the variety; and

(b) in the case of a plant variety other than a B List vegetable variety, for purposes in relation to the certification of seed of the variety,

and the lists of vegetable plant varieties shall be subdivided into B list vegetable varieties and varieties whose seed may be certified as “pre-basic seed”, “basic seed” or “certified seed”, or may be controlled as “standard seed”, in accordance with the Vegetable Seeds Regulations 1993 and, as respects Northern Ireland, the Vegetable Seeds Regulations (Northern Ireland) 1994.

(3) The National Lists shall not include—

(a) varieties intended for use solely as components of final varieties except to the extent that seeds belonging to such varieties are to be marketed under the names of those components; and

(b) varieties the seed or propagating material of which are intended for export to third countries.

(4) In respect of each variety accepted on to a National List the reference to the variety in the List shall include—

(a) a reference to the name under which the variety is accepted; and

(b) except in respect of any B List vegetable variety widely known on 1st January 1973, a reference to the maintainer of the variety.

(5) If any plant variety accepted on a National List is a genetically modified variety the Secretary of State shall publish a clear indication of that fact in the List together with the reference number under which the variety has been accepted for marketing in accordance with Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms.

(6) The Secretary of State shall publish in the Gazette notice of any—

(a) application made in accordance with these Regulations;

(b) application so made which is withdrawn;

(c) proposed relevant decision and the reasons for it;

(d) relevant decision;

(e) decision of the Tribunal made on an appeal brought in respect of a decision under these Regulations; and

(f) other change made in accordance with these Regulations to a National List or an application in respect of an National List,

together with, in respect of any notice containing information about a genetically modified variety, a clear indication of that fact.

(7) Where the National Authorities propose to make a relevant decision the Secretary of State, in addition to publishing in the Gazette notice of the proposed decision shall also publish in the Gazette—

(a) a statement that written and oral representations may be made about the proposed relevant decision by persons who would be affected by it; and

(b) a statement of the manner in which, and the period (not being less than 14 days) within which, written representations, and a request for oral representations, may be made.

(8) The National Authorities shall not make a relevant decision before the expiry of the period published in the Gazette as being the period within which written representations, and a request for oral representations, in respect of the proposal for the decision may be made.