The Oil and Fibre Plant Seed (Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply in Wales and come into force on 13 December 2004. They revoke and replace, with modifications, the Oil and Fibre Plant Seeds Regulation 1993 (S.I. 1993/2007) insofar as they apply to Wales. They also revoke the Oil and Fibre Plant Seeds (Amendment) Regulations 1994 (S.I. 1994/1423), the Oil and Fibre Plant Seeds (Amendment) Regulations 1996 (S.I. 1996/1451) and the Oil and Fibre Plant Seeds (Amendment) Regulations 1999 (S.I. 1999/1862) insofar as they apply to Wales and the Oil and Fibre Plant Seeds (Amendment) (Wales) Regulations 2000 (S.I. 2000/1789), all of which amended the 1993 Regulations.

The 1993 Regulations implemented the provisions of Council Directive 69/208/EEC on the marketing of seed of oil and fibre plants (O.J. No. L169, 10.7.69, p.3). That Directive, as amended, was replaced by Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants. These Regulations implement the provisions of Council Directive 2002/57/EC as subsequently amended by Commission Directive 2003/45/EC.

The Regulations apply to the certification and marketing of seed of oil and fibre plants of the species specified in Schedule 2 to these Regulations (regulation 5).

The Regulations include provisions that lay down the procedures relating to the certification of seed of oil and fibre plants in Wales (Part II), including provisions relating to the entry of seed lots (regulation 6), the entry of crops (regulation 7), the field inspection of crops (regulation 8), the lodging of field inspection reports and similar documents (regulation 9), the re-grading of crops (regulation 10), seed testing (regulation 11), the lodging of seed test reports (regulation 12), the re-grading of seed (regulation 13) and the withdrawal of official certification (regulation 14).

The Regulations include provisions that prohibit the marketing of seed of oil and fibre plants in Wales except for seed that falls into one of the categories listed in Schedule 6 (regulation 15). These categories are defined in Schedule 1. The prohibition does not apply in the case of seed of a category that is not listed in Schedule 6 where an authorisation has been granted for scientific purposes or selection work (regulation 18) or for the purpose of tests and trials (regulation 19) or is authorised by a general licence made under regulation 20.

The Regulations lay down requirements relating to the sampling (regulation 23) and packaging (regulation 24) of seed and the sealing (regulation 25) and labelling of packages (regulation 26) of seed.

The Regulations enable the National Assembly for Wales to make arrangements for any person to act under its responsibility in carrying out official measures (regulation 28) and include provisions relating to the charging of fees (regulation 29).

The contravention of these Regulations is a criminal offence (section 16(7) of the Plant Varieties and Seeds Act 1964).

A Regulatory Appraisal and a Transposition Note has been prepared for these Regulations. A copy of each of these documents has been placed on the National Assembly for Wales web-site (www.wales.gov.uk). Copies can be obtained from the Welsh Assembly Government, Plant Health and Biotechnology Branch, Cathays Park, Cardiff, CF10 3NQ.