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

Council Decision 2003/17/EC

6.—(1) Council Decision 2003/17/EC on equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries is amended as follows.

(2) Before Article 1 insert—

“Article A1

1.   In this Decision, “the Seeds Marketing Regulations” means—

(a) in relation to England, the Seed Marketing Regulations 2011;

(b) in relation to Wales, the Seed Marketing (Wales) Regulations 2012;

(c) in relation to Scotland—

(i) in relation to vegetable seed, the Vegetable Seeds Regulations 1993;

(ii) in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004;

(iii) in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005;

(iv) in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005;

(v) in relation to beet seed, the Beet Seed (Scotland) (No 2) Regulations 2010;

(d) in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016.”.

(3) In Articles 1 and 2—

(a) omit “third”;

(b) for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “the Seeds Marketing Regulations”.

(4) In Article 3—

(a) in paragraph 1—

(i) for “Community”, in both places where it occurs, substitute “United Kingdom”;

(ii) for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “the Seeds Marketing Regulations”;

(iii) omit the second paragraph.

(b) in paragraph 2—

(i) for “Community” substitute “United Kingdom”;

(ii) for “EC” substitute “UK”;

(iii) in point (a)—

(aa) for “Member States” substitute “the United Kingdom”;

(bb) for “third countries” substitute “countries listed in Annex 1”;

(iv) in point (b)—

(aa) for “small EC” substitute “beet, fodder or vegetable seed, small”;

(bb) for “Directives 66/401/EEC, 2002/54/EC or 2002/55/EC” substitute “the Seeds Marketing Regulations”.

(5) Omit Article 7.

(6) In Annex 2—

(a) in paragraph A—

(i) in the heading, for “third countries” substitute “countries listed in Annex 1”;

(ii) in point 3, in the first indent, omit “Member State or third”;

(b) in paragraph B—

(i) in the heading, for “third countries” substitute “countries listed in Annex 1”;

(ii) in point 1, in the second subparagraph, for “Community rules” substitute “the Seeds Marketing Regulations”;

(iii) in point 2.1, for “laid down in” substitute “specified by the Seeds Marketing Regulations and ”;

(iv) in point 3.1, in the first indent—

(aa) for “Community rules” substitute “the Seeds Marketing Regulations”;

(bb) for “EC” substitute “UK”;

(v) in point 3.2, for “Community law” substitute “the law of the United Kingdom”;

(vi) in point 3.5, for the words from “at least” to the end substitute “English and may also be given in other languages”;

(vii) in point 5—

(aa) in the first subparagraph, for “Community”, in both places where it occurs, substitute “United Kingdom”;

(bb) for the second subparagraph substitute—

“In the case of basic seed of other varieties, the seed of the preceding generations shall have been produced—

• under the responsibility of the persons responsible for the maintenance of the variety referred to in the United Kingdom National Lists pursuant to regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001;

• in a country which has been granted equivalence of checks on practices for the maintenance of varieties, under Council Decision 2005/834/EC; or

• in an EEA State or Switzerland, provided the seed of the preceding generations was produced before the end of the period of two years beginning with exit day.”;

(viii) in point 6—

(aa) in the first indent, for “Community,” substitute “United Kingdom”;

(bb) in the second indent, omit “third” and, at the end, insert “or”;

(cc) after the second indent, insert—

• “in an EEA State or Switzerland, provided the seed of the preceding generations was produced before the end of the period of two years beginning with exit day.”.