The Marketing of Fruit Plant Material Regulations 2010

PART 1 Introduction

Title and commencement

1.  These Regulations may be cited as the Marketing of Fruit Plant Material Regulations 2010 and come into force on 17th September 2010.

Interpretation

2.—(1) In these Regulations—

“the appropriate authority” means—

(a)

in relation to England, the Secretary of State,

(b)

in relation to Wales, the Welsh Ministers,

(c)

in relation to Scotland, the Scottish Ministers,

(d)

in relation to Northern Ireland, any Northern Ireland Department;

“Council Directive 2008/90/EC” means Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production(1);

“Directive 93/48/EEC” means Commission Directive 93/48/EEC setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC(2);

“inspector” means a person appointed under regulation 19;

“plant breeders’ rights” mean rights granted in accordance with Part 1 of the Plant Varieties Act 1997(3) or Council Regulation (EC) No 2100/94 on Community plant variety rights(4);

“plant material” means the plants and materials described in regulation 3(1) and (2);

“producer” means any person involved professionally in the production or reproduction of plant material;

“supplier” means any producer or any person involved professionally in the marketing, preservation or treatment of plant material; and, from 30th September 2012, includes any person involved professionally in the importation of plant material.

(2) In these Regulations, “supplier’s list” means a written list kept by a supplier containing—

(a) the name of each variety marketed by the supplier and, where appropriate, its commonly known synonyms;

(b) the description of those varieties having regard to the characteristics specified in the Annex to Commission Directive 93/79/EEC setting out additional implementing provisions for lists of varieties of fruit plant propagating material and fruit plants, as kept by suppliers under Council Directive 92/34/EEC(5); and

(c) in the case of a written list kept by a producer—

(i) indications as to the maintenance of those varieties and the propagation system applied; and

(ii) any indications as to how those varieties differ from the other varieties that they most closely resemble.

(3) Any other expressions used in these Regulations that are also used in Council Directive 2008/90/EC have the same meaning in these Regulations as they have in that Directive.

Application

3.—(1) These Regulations apply in relation to fruit plants and propagating material of the genera and species listed in Schedule 1 and their hybrids.

(2) They also apply in relation to parts of plants, including rootstocks, of other genera or species and their hybrids if material from fruit plants listed in Schedule 1 (or any hybrid of such fruit plants) is, or is to be, grafted on to them.

(3) These Regulations do not apply in relation to plant material intended for export to third countries, if that plant material is identified as such and kept sufficiently isolated.

(4) These Regulations do not apply to small producers all of whose production and sales of plant material is intended for final use by persons on the local market who are not involved professionally in plant production.

Marketing of plant material for trials etc.

4.—(1) These Regulations do not apply to the marketing of plant material intended for—

(a) trials or scientific purposes,

(b) selection work, or

(c) measures aimed at the conservation of genetic diversity,

if the plant material is marketed in accordance with an authorisation granted by an inspector.

(2) An authorisation—

(a) must be in writing;

(b) may be amended, suspended or revoked by notice; and

(c) may be subject to such conditions as the inspector considers necessary.

Notices

5.  Any notice under these Regulations must be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

(1)

OJ No L 267, 8.10.2008, p.8.

(2)

OJ No L 250, 7.10.93, p.1.

(3)

1997 c. 66.

(4)

OJ No L 227, 1.9.1994, p1 as last amended by Council Regulation (EC) No 15/2008 (OJ No L 8, 11.1.2008, p2).

(5)

OJ No L 256, 14.10.93, p.25.