3.—(1) In paragraph (1) of regulation 2 —
(a)in the appropriate place, insert the following definitions —
““genetically modified” has the same meaning as for the purposes of Council Directive 90/220/EEC(1) on the deliberate release into the environment of genetically modified organisms;”;
““the National Assembly” means the National Assembly for Wales;”; and
““third country” means a country listed in the Annex to Council Decision 95/514(2);”.
(b)in the definition of “class” —
(i)for paragraph (a) substitute —
“(a)in relation to seed potatoes produced in Wales, the class in which the seed potatoes were placed during the course of classification and specified in the certificate relating to those potatoes, being —
(i)in the case of pre-basic seed potatoes, the class or one of the classes established pursuant to paragraph 3A of Part IA of Schedule 1;
(ii)in the case of basic seed potatoes, any one of the classes specified in order of superiority in column 1 of paragraph 2 of Schedule 3; and
(iii)the case of certified seed potatoes, CC class; and”.
(c)omit the definition of “marketing” and the reference to the construction of the related expressions of, “market” and “marketed”;
(d)after the definition of “potato”, insert —
““pre-basic seed potatoes” means —
in relation to seed potatoes produced in Wales, seed potatoes in relation to which a pre-basic seed potatoes certificate has been issued in accordance with Parts I, IA and IV of Schedule 1; and
in relation to seed potatoes produced outside Wales, seed potatoes being a lot or part of a lot moved into Wales in a package or container, to or in which a label or document, approved by the authority concerned with classification of seed potatoes in the country or place where the potatoes were produced, has been affixed or placed, stating that on examination of the potatoes they were classified as seed potatoes of a pre-basic category in that country or place where the National Assembly has approved the arrangements applying to pre-basic seed potatoes in that country or place as being equivalent to those applying in Wales;
“pre-basic seed potatoes certificate” means a certificate issued in accordance with Parts I, IA and IV of Schedule 1;”;
(e)for the definition of “seed potatoes” substitute —
““seed potatoes” means potatoes which bear that description or any description indicating their suitability for planting and propagation and which are capable of being used for planting and propagation or any potatoes that are intended to be used for planting and propagation;”;
(f)in the definition of “seed potatoes produced outside Great Britain” for —
“Belgium, Denmark, Federal Republic of Germany, France, Greece, Italy, Luxembourg, Netherlands, Portugal, Spain,”
substitute —
“Austria, Belgium, Denmark, Germany, Finland, France, Greece, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden,”.
(2) At the end of regulation 2 add —
“(4) In these Regulations “marketing” means —
(a)selling, holding with a view to sale and offering for sale; and
(b)any disposal, supply or transfer for the purpose of commercial exploitation of seed potatoes to third parties;
whether or not for consideration; and “market” and “marketed” shall be construed accordingly.
(5) Trade in seed potatoes not aimed at commercial exploitation of the variety, such as the following operations —
(a)the supply of seed potatoes to official testing and inspection bodies; or
(b)the supply of seed potatoes to any person for the purpose of processing or packaging the seed potatoes provided that person does not acquire title to the seed potatoes supplied,
shall not be treated as marketing of seed potatoes of that variety.”.
Commencement Information
I1Reg. 3 in force at 29.11.2001, see reg. 1(1)
OJ No. L117, 8.5.90, p.15; ; last affected by Directive 2001/18/EC of the European Parliament and of the Council (OJ No. L106, 17.04.2001, p.1) by which 90/220/EEC will be repealed on 17th October 2002.
OJ No. L296, 8.12.95, p.34.