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

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

5.—(1) The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 are amended as follows.

(2) In regulation 2—

(a) in the definition of “basic material”, in paragraph (b), for “ Article 15 of Directive 2014/98/EU;” substitute

“—

(i) in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;

(ii) in the case of material produced in a Crown Dependency, legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

(iii) in the case of material produced in a member State, Article 15 of Directive 2014/98/EU;”;

(b) in the definition of “CAC material”, in paragraph (b), for “ Article 23 of Directive 2014/98/EU;” substitute—

“—

(i) in the case of material and plants produced in the United Kingdom, the relevant fruit marketing regulations;

(ii) in the case of material and plants produced in a Crown Dependency, legislation recognised by the Welsh Ministers as having equivalent effect to Schedule 1;

(iii) in the case of material and plants produced in a member State, Article 23 of Directive 2014/98/EU;”;

(c) in the definition of “certified material”, in paragraph (b), for “ Article 20 of Directive 2014/98/EU;” substitute—

“—

(i) in the case of material and plants produced in the United Kingdom, the relevant fruit marketing regulations;

(ii) in the case of material and plants produced in a Crown Dependency, legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

(iii) in the case of material and plants produced in a member State, Article 20 of Directive 2014/98/EU;”;

(d) in the appropriate place insert—

““Crown Dependency” (“Tiriogaeth Ddibynnol y Goron”) means the Isle of Man or any of the Channel Islands;”;

(e) in the appropriate place insert—

"“the fruit marketing regulations” (“y rheoliadau marchnata ffrwythau”) means—

(a)

as regards England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017(1);

(b)

as regards Scotland, the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017(2);

(c)

as regards Northern Ireland, the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017(3)—

and “the relevant fruit marketing regulations” (“y rheoliadau marchnata ffrwythau perthnasol”), in relation to any constituent part of the United Kingdom, means the fruit marketing regulations applicable in relation to that part;;

(f) in the definition of “official label”, in paragraph (b), for the words “ Article 2 of Directive 2014/96/EU;” substitute—

“—

(i) in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;

(ii) in the case of plant material produced in a Crown Dependency, legislation recognised by the Welsh Ministers as having equivalent effect to Part 1 of Schedule 2;

(iii) in the case of plant material produced in a member State, Article 2 of Directive 2014/96/EU;”;

(g) in the definition of “outside Wales”, for the words from “ or any member” to the end, substitute “, any member State or any Crown Dependency”;

(h) in the definition of “plant variety rights”—

(i) in paragraph (a), at the end insert “or”;

(ii) omit paragraph (b).

(i) in the definition of “pre-basic material”, in paragraph (b), for “ Articles 3 or 4 of Directive 2014/98/EU;” substitute—

“—

(i) in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;

(ii) in the case of material produced in a Crown Dependency, legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

(iii) in the case of material produced in a member State, Articles 3 or 4 of Directive 2014/98/EU;”.

(3) In regulation 4(3), for “European Union” substitute “United Kingdom”.

(4) After regulation 5(4) insert—

“(5) No person may market in Wales plant material produced in a member State.

(6) Paragraph (5) does not apply to plant material which meets the conditions set out in paragraph (7).

(7) The conditions are that the plant material—

(a) is of a variety that may be marketed under regulation 7 or has been registered as a variety by the responsible authority in a member State in accordance with Article 4 of Directive 2014/97/EU;

(b) has been produced in compliance with the requirements set out in Directives 2008/90/EC, 2014/98/EU and 2014/96/EU; and

(c) has been imported into Wales before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(5) In regulation 7—

(a) in paragraph (3), for the words from “the second” to the end substitute “that paragraph”;

(b) in paragraph (4), for sub-paragraph (b) substitute—

“(b) registration as a variety by the responsible authority in any part of the United Kingdom outside Wales in accordance with—

(i) in relation to England, Schedule 4 to the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017;

(ii) in relation to Scotland, Schedule 4 to the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017;

(iii) in relation to Northern Ireland, Schedule 3 to the Marketing of Fruit Plant and Propagating Material (Northern Ireland) Regulations 2017.”.

(6) In regulation 10(6), for “Directive 2000/29/EC” substitute “the Plant Health (Wales) Order 2018”.

(7) In regulation 15(1)(g)(iii), for “Annexes to Directive 2000/29/EC” substitute “Plant Health (Wales) Order 2018”.

(8) After regulation 28 insert—

“Transitional provision for official labels on exit day

28A.   For the purposes of regulation 10 and paragraph 4(b) of Schedule 2, an official label pre-printed before exit day containing the statement “EU Rules and Standards” may be used as an official label for plant material before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(9) In Schedule 2—

(a) in paragraph 4(b), for “EU” substitute “UK”;

(b) in paragraph 5, for “indelibly printed” to the end substitute—

“—

(a) easily visible and legible, and

(b) indelibly printed in English (but may also be printed in other languages)”;

(c) in paragraph 8—

(i) in sub-paragraph (a), for “EU” substitute “UK”;

(ii) in sub-paragraphs (b)(i) and (x), for “member State” substitute “country”;

(d) in paragraph 9, for “indelibly printed” to the end substitute—

“—

(a) easily visible and legible, and

(b) indelibly printed in English (but may also be printed in other languages)”.

(10) Schedule 4 is amended in accordance with paragraphs 11 to 16.

(11) In paragraph 1—

(a) in the definition of “appropriate protocol”—

(i) omit paragraph (a);

(ii) in paragraph (b)—

(aa) omit the words from “where” to “species, ”;

(bb) after the word “stability” insert “for the particular genus or species concerned”;

(iii) in paragraph (c)—

(aa) omit “protocols mentioned at (a) or ”;

(bb) after the word “established” insert “or recognised”;

(b) in the appropriate place insert—

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

(a)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002(4);

(b)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002(5);

(c)

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002(6);

(d)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003(7);”.

(12) In paragraph 2—

(a) in sub-paragraph (2)(b), omit “or in another member State, ”;

(b) in sub-paragraph (3), for “member State” substitute “country which is a member of UPOV”.

(13) In paragraph 3—

(a) in sub-paragraph (1)(c), for the words from “is authorised” to the end substitute—

“—

(i) is authorised for cultivation pursuant to Regulation (EC) No 1829/2003 or the GMO Regulations, or

(ii) before the day on which exit day falls has been authorised for cultivation pursuant to Directive 2001/18/EC.”;

(b) in sub-paragraph (3), for “outside Wales” substitute “elsewhere in the United Kingdom or in another country which is a member of UPOV”.

(14) In paragraph 6(1)—

(a) in paragraph (c), for “or in another member State” substitute “; or”;

(b) after paragraph (c) insert—

“(d) by a competent authority outside the United Kingdom if the Welsh Ministers are satisfied that those growing trials are of equivalent standards to those carried out by or on behalf of the Welsh Ministers.”.

(15) In paragraph 7—

(a) in sub-paragraph (1)(a), for the words “consists is” to the end substitute—

“consists—

(i) is authorised for cultivation pursuant to Regulation (EC) No 1829/2003(8) or the GMO Regulations, or

(ii) has, before the day on which exit day falls, been authorised for cultivation pursuant to Directive 2001/18/EC; or”;

(b) in sub-paragraph (4)(a), omit “Directive 2001/18/EC or ”.

(16) In paragraph 8(1)(d), for the words from “ceases” to the end substitute—

“—

(i) ceases to be authorised pursuant to Regulation (EC) No 1829/2003 or the GMO Regulations; or

(ii) has, before the day on which exit day falls, been authorised for cultivation pursuant to Directive 2001/18/EC and ceases to be authorised”.

(17) In Schedule 5—

(a) in paragraph 5—

(i) in sub-paragraph (4)(a), for “outside Wales” substitute “in any part of the United Kingdom other than Wales or in another country which is a member of UPOV”;

(ii) in sub-paragraph (7), for the definition of “register of varieties” substitute—

““register of varieties” (“cofrestr amrywogaethau”) means, in relation to the registration of varieties, the register maintained—

(a)

in Wales, under paragraph 4(1) of Schedule 4;

(b)

in England, under paragraph 4(1) of Schedule 4 to the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017;

(c)

in Scotland, under paragraph 2(1) of Schedule 4 to the Marketing of Fruit Plant and Propagating Material (Scotland) 2017;

(d)

in Northern Ireland, for the purposes of paragraph 1 of Schedule 3 to the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017;”;

(b) omit paragraph 8(2)(a).

(1)

S.I. 2017/595.

(2)

S.S.I. 2017/177.

(3)

S.R. 2017 No.119.

(4)

S.I. 2002/3188 (W.304), amended by S.I. 2005/1913 (W.156), 2005/2759, 2013/755 (W.90), 2018/1216 (W.249).

(5)

S.I. 2002/2443, as amended by S.I.2004/2411, 2005/2759, 2009/1892, 2011/1043, 2018/575.

(6)

S.S.I 2002/541, amended by S.S.I 2004/439, 2015/100 and S.I. 2005/2759 and 2011/1043.

(7)

S.R. 2003 No.167.

(8)

Defined in paragraph 1 of Schedule 4 to S.I. 2017/691 (W.163).