The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017

Interpretation E+W

1.  In this Schedule—

“appropriate protocol” (“protocol priodol”) means—

(a)

F1 ...

(b)

F2 ... guidelines produced by UPOV relating to the conduct of tests for distinctness, uniformity and stability [F3 for the particular genus or species concerned]; or

(c)

where F4 ... guidelines mentioned at paragraph (b) do not exist, a protocol or guidelines established [F5 or recognised] by the Welsh Ministers in relation to the same matters;

“Directive 2001/18/EC” (“Cyfarwyddeb 2001/18/EC”) means Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC(1);

“distinct” (“gwahanol”) means the variety is clearly distinguishable by one or more characteristics that result from a particular genotype or combination of genotypes, from any other variety whose existence is a matter of common knowledge at the time of the application for registration as a variety;

[F6 “the GMO Regulations” (“y Rheoliadau GMO”) means—

(a)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;

(b)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;

(c)

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;

(d)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;]

“Regulation (EC) No 1829/2003” (“Rheoliad (EC) Rhif 1829/2003”) means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed(2);

“stable” (“sefydlog”) means the characteristics of the variety, which are included in the examination for distinctness, as well as any others used for the variety description, remain unchanged after repeated propagation or, in the case of micropropagation, at the end of each such cycle;

“uniform” (“unffurf”) means, subject to the variation that may be expected from the particular features of its propagation, the variety is sufficiently uniform in those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description.

Textual Amendments

F1 Words in Sch. 4 para. 1 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 5(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 4 para. 1 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 5(11)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Sch. 4 para. 1 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 5(11)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 4 para. 1 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 5(11)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Sch. 4 para. 1 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 5(11)(a)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Sch. 4 para. 1 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 5(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Sch. 4 para. 1 in force at 19.6.2017, see reg. 1(1)

(1)

OJ No L 106, 17.4.2001, p. 1 as last amended by Directive (EU) 2015/412 (OJ No L 68, 13.3.2015, p. 1).

(2)

OJ No L 268, 18.10.2003, p. 1; as last amended by Regulation (EC) No. 298/2008 of the European Parliament and of the Council (OJ No L 97, 9.4.2008, p. 64).