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

Welsh Statutory Instruments

2019 No. 368 (W. 90)

Exiting The European Union, Wales

Seeds, Wales

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

Sift requirements satisfied

18 February 2019

Made

25 February 2019

Laid before the National Assembly for Wales

27 February 2019

Coming into force in accordance with regulation 1

The Welsh Ministers make these Regulations in exercise of the powers conferred—

(a)

in relation to Part 1, by the powers referred to in paragraphs (b) and (c);

(b)

in relation to Part 2, by section 2(2) of the European Communities Act 1972 M1 ;

(c)

in relation to Part 3, by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 M2 .

The Welsh Ministers are designated M3 for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy.

The requirements of paragraph 4(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations) have been satisfied.

Marginal Citations

M1 1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51), and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Welsh Ministers by S.I. 1999/672.

M2 2018 c.16.

M3 S.I. 2010/2690.

PART 1 E+W Introductory

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019.

(2) These Regulations come into force as follows—

(a) as regards this Part and Part 2, 21 days after the day on which these Regulations are laid;

(b) as regards Part 3, on exit day.

(3) These Regulations apply in relation to Wales.

Commencement Information

I1 Reg. 1 in force at 20.3.2019, see reg. 1(2)(a)

PART 2 E+W Amendment of references in secondary legislation

The Seed Marketing (Wales) Regulations 2012 E+W

2.—(1) The Seed Marketing (Wales) Regulations 2012 M4 are amended as follows.

(2) In regulation 3(1), after sub-paragraph (b), insert—

“(c) “European Single Market State” (“Gwladwriaeth y Farchnad Sengl Ewropeaidd”) means an EEA state or Switzerland.”.

(3) In Schedules 3 and 4, for “member State”, in each place where it occurs, substitute “ European Single Market State ”;

(4) In Schedule 4—

(a) in paragraph 10, after sub-paragraph (6) insert—

“(7) Seed of an unlisted variety which is the subject of an authorisation issued by another EEA State in accordance with Commission Decision 2004/842/EC M5 may be marketed in Wales for the purpose of gaining knowledge and practical experience during cultivation.

(8) Seed marketed under sub-paragraph (7) must be labelled in accordance with Article 28 of Commission Decision 2004/842/EC.”;

(b) in paragraph 14, at the end insert “ , except for vegetable seed of the species listed in Council Directive 2002/55/EC M6 produced in Switzerland ”.

Commencement Information

I2 Reg. 2 in force at 20.3.2019, see reg. 1(2)(a)

Marginal Citations

M4 SI 2012/245 (W.39), amended by SI 2013/889 (W.101), 2014/519 (W.61), 2016/1242 (W.294) and 2017/1095 (W.276).

M5 OJ L 362 9.12.2004, p. 21.

M6 OJ L 193 20.7.2002, p. 33.

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

3.—(1) The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 M7 are amended as follows.

(2) In regulation 11(7), for “Plant Health (Wales) Order 2006” substitute “ Plant Health (Wales) Order 2018 M8 ”.

Commencement Information

I3 Reg. 3 in force at 20.3.2019, see reg. 1(2)(a)

Marginal Citations

M7 S.I. 2017/691 (W.163).

M8 S.I. 2018/1064 (W.223).

PART 3 E+W Amendment of secondary legislation relating to the withdrawal from the European Union

The Seed Marketing (Wales) Regulations 2012 E+W

4.—(1) The Seed Marketing (Wales) Regulations 2012 are amended as follows.

[F1 (2) In regulation 3, for paragraph (1) substitute—

“(1) For the purposes of these Regulations—

(a) the “GB Variety List” is the list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;

(b) a “country granted equivalence” means—

(i) a country that has been granted equivalence under Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries; or

(ii) a country that has been assessed by the Welsh Ministers that the seed from that country is produced under conditions equivalent to the requirements in these Regulations for seed to which these Regulations apply;

(c) “Crown Dependency” means any of the Channel Islands or the Isle of Man;

(d) the “NI Variety List” means the list of plant varieties prepared and published by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in accordance with legislation having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001.”;]

[F2 (3) In regulation 4(2), for “the European Union” substitute “Great Britain”.]

[F3 (4) In regulation 7, for the words from “United Kingdom” to the end substitute “GB Variety List, NI Variety List or an equivalent list in a country granted equivalence”.]

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (6) In regulation 10, in paragraph (a), for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”.]

(7) For regulation 21A, substitute—

“21A.— (1) The Welsh Ministers may by licence exempt any person or class of person from compliance with any provision of these Regulations for the purposes of a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Plant Varieties and Seeds Act 1964 M9 .

(2) The duration of an experiment must not exceed 7 years.”.

(8) In regulation 26, omit “outside the European Union”.

(9) In regulation 27—

[F6 (a) in the heading, for “outside the European Union” substitute “a country granted equivalence”;]

[F7 (aa) for paragraph (1) substitute—

“(1) Seed imported from a country granted equivalence must—

(a) be a variety listed in the GB Variety List; and

(b) be labelled with—

(i) for standard vegetable seed, a supplier’s label in accordance with paragraph 25(4) or (5) of Schedule 3;

(ii) for all other seed, a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.”;]

(b) in paragraph (3), for “from a third country” substitute “ [F8 from a country granted equivalence] ”;

F9 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) After regulation 32, insert—

“Certification in a Crown Dependency [F10 or a country granted equivalence]

32A.   Any seed certified and labelled in a Crown Dependency [F10 or a country granted equivalence] under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations may be marketed in Wales.

Transitional provision for official labels on [F11 implementation period completion day]

32B.   For the purposes of regulation 17 and paragraphs 7(1)(a) and 8(1)(a) of Schedule 3, an official label pre-printed before [F11 implementation period completion day] containing the statement “EU Rules and Standards” may be used as an official label before the end of the period of [F12 one year] beginning with the day after the day on which [F11 implementation period completion day] falls.”.

(11) In Schedule 2—

(a) in paragraph 7—

(i) in sub-paragraph (1), after “Article 2(3)(A)”, insert “ (a) to (d) ”;

(ii) in sub-paragraph (3), for “Annex III to that Directive” substitute “ Schedule 3 ”;

(iii) after sub-paragraph (5), insert—

“(6) For the purposes of this regulation, Council Directive 2002/54/EC is to be read as if—

(a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Welsh Ministers ”;

(b) in Annex 1—

(i) in point A—

(aa) in paragraph 3, for “certification authority” there were substituted “ Welsh Ministers ”;

(bb) in the last paragraph, for the words from “common” to “that Directive” there were substituted “ [F13 GB Variety] List ”;

(ii) in point B, in paragraph 3(c)—

(aa) the reference to “Member States” were a reference to “The Welsh Ministers”;

(bb) the reference to “Community” were omitted.”.

(b) in paragraph 15—

(i) in sub-paragraph (1), after “Article 2(3)(A)”, insert “ (a) to (d) ”;

(ii) in sub-paragraph (2), after “that Directive”, in the first place where it occurs, insert “ (except paragraphs 1a(f) and 1b of Article 7) ”;

(iii) after sub-paragraph (2), insert—

“(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 66/402/EEC is to be read as if—

(a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Welsh Ministers ”;

(b) in Article 7—

(i) references to “Member States” were references to “Welsh Ministers”;

(ii) in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “ Welsh Ministers ”.”.

(c) in paragraph 28—

(i) in sub-paragraph (1), after “Article 2(3)(A)”, insert “ (a) to (d) ”;

(ii) after sub-paragraph (1), insert—

“(1A) For the purposes of sub-paragraph (1), Council Directive 66/401/EEC is to be read as if—

(a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Welsh Ministers ”;

(b) in Annex 1, in paragraph 4, in the second sub-paragraph, the words from “Upon” to the end were omitted.”.

(d) in paragraph 42—

(i) in sub-paragraph (1), after “Article 2(5)(A)”, insert “ (a) to (d) ”;

(ii) after sub-paragraph (1), insert—

“(1A) For the purposes of sub-paragraph (1), Council Directive 2002/57/EC is to be read as if—

(a) in Article 2(5)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Welsh Ministers ”;

(b) in Annex 2, in Part 1, in paragraph 5C, the last sub-paragraph were omitted.”.

[F14 (e) in paragraph 43(2), for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;]

(f) in paragraph 50—

(i) in sub-paragraph (1), after “Article 2(4)(A)” insert “ (a) to (d) ”;

(ii) in sub-paragraph (2), after “Article 25”, insert “ (except paragraphs 1a(f) and 1b) ”;

(iii) after sub-paragraph (2), insert—

“(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 2002/55/EC is to be read as if—

(a) in Article 2(4)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Welsh Ministers ”;

(b) in Article 25—

(i) references to “Member States” were references to “Welsh Ministers”;

(ii) in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “ Welsh Ministers ”.”.

(12) In Schedule 3—

(a) in paragraph 5(5), for the words from “one of” to the end substitute “ English, but may also be in other languages ”;

(b) in paragraph 6(1)—

(i) in paragraph (a), after “the name”, insert “ and country or country initials ”;

(ii) omit paragraph (b);

(c) in paragraphs 7(1) and 8(1)—

(i) in paragraph (a), for “EU” substitute “ [F15 GB] ”;

(ii) in paragraph (b), after “the name”, insert “ and country or country initials ”;

(iii) omit paragraph (c);

(d) in paragraph 9(1)—

(i) in paragraph (a), at the beginning, insert “ the name and country or country initials of ”;

(ii) omit paragraph (b);

[F16 (e) in paragraphs 12(2)(a) and 14(1)(a), for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;]

(f) in paragraph 19—

(i) in sub-paragraph (2), omit “EU”;

(ii) in sub-paragraph (2), omit “UE”;

(iii) in sub-paragraph (4)—

(aa) in paragraph (a), omit “EU”;

(bb) in paragraph (e), for “European Single Market State” substitute “ country of production ”;

(g) in paragraph 20(4)(a), for “EU” substitute “ [F17 GB] ”;

(h) in paragraphs 21 and 22, omit “EU” in each place where it occurs;

(i) in paragraph 23—

(i) omit “EU” in each place where it occurs;

(ii) in sub-paragraphs (2)(c)(ii) and (d)(iii), for “European Single Market State” substitute “ country of production ”;

(j) in paragraphs 24 and 25, for “EU”, in each place where it occurs, substitute “ [F18 GB] ”.

(13) In Schedule 4—

(a) in paragraph 4(1), for “the Directive” substitute “ these Regulations ”;

(b) in paragraph 5(2), for “from a third country” substitute “ into the United Kingdom ”;

(c) in paragraph 6, for “Council Directive 66/402/EEC” substitute “ these Regulations ”;

(d) in paragraph 7—

[F19 (ai) in sub-paragraphs (2) and (3), for “United Kingdom National” substitute “GB Variety”;]

(i) after sub-paragraph 5, insert—

“(5A) For the purposes of sub-paragraph (5)—

(a) Article 14 of Commission Directive 2008/62/EC is to be read as if—

(i) in the first paragraph—

(aa) the words “Each Member State shall ensure that, ” were omitted;

(bb) for the reference to “that Member State” there were substituted “ [F20 Great Britain] ”;

(ii) in the second paragraph—

(aa) the words “in each Member State” were omitted;

(bb) for the references to “the Member State”, in both places where it occurs, there were substituted “ [F20 Great Britain] ”;

(b) Article 15 of Commission Directive 2009/145/EC is to be read as if—

(i) the words “Each Member State shall ensure that,” were omitted;

(ii) for “does” there were substituted “ must ”.”;

(ii) in sub-paragraph (7), for the words from “Council Directive 2002/54/EC” to “(as the case may be)” substitute “ these Regulations ”;

(iii) in sub-paragraph (8)—

(aa) in paragraph (a), for the words from “Council Directive 2002/55/EC” to “seed” substitute “ Schedule 2 ”;

(bb) in paragraph (b), for “that Directive” substitute “ these Regulations ”;

(e) in paragraph 8—

(i) in sub-paragraph (3)(b), for the words from “in accordance” to the end substitute “ having taken account of any available information from plant genetic resource organisations ”;

(ii) in sub-paragraph (4)(a), for “EU” substitute “ [F21 GB] ”;

(iii) in sub-paragraph (7), after “have”, in the first place where it occurs, insert “ subject to sub-paragraph (8) ”;

(iv) after sub-paragraph (7) insert—

“(8) For the purposes of this paragraph, Article 1(a) of Commission Directive 2010/60/EU is to be read as if the definition of “source area” contained in that Article defined it to mean an area designated as a special area of conservation or an area contributing to the conservation of plant genetic resources in accordance with retained EU law.”;

[F22 (ea) in paragraph 9—

(i) in sub-paragraphs (1), (5) and (6), for “United Kingdom National” substitute “GB Variety”;

(ii) in sub-paragraph (8), in the words before paragraph (a), for “the United Kingdom” substitute “Great Britain”;]

[F23 (f) in paragraph 10—

(i) in sub-paragraph (1), for the words from “United Kingdom” to the end substitute “GB Variety List provided an application has been made for entry into the GB Variety List or the NI Variety List”;

(ii) in sub-paragraph (4), for “relevant National List” substitute “GB Variety List, NI Variety List or an equivalent list of a country granted equivalence”;

(iii) omit sub-paragraphs (7) and (8);]

[F24 (g) in paragraph 11(2), for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;]

(h) in paragraph 12—

(i) the existing text becomes sub-paragraph (1);

(ii) in sub-paragraph (1)—

(aa) in the words before paragraph (a), omit “been authorised for cultivation under either”;

(bb) in paragraph (a), at the beginning, insert “ before the day on which [F25 implementation period completion day] falls, been authorised under ”, and, at the end, omit “or”;

(cc) in paragraph (b), at the beginning, insert “ been authorised under ”, and, at the end, insert “ , or ”;

(dd) after paragraph (b), insert—

“(c) been authorised under the GMO Regulations.

(2) For the purpose of paragraph (1), “the GMO Regulations” means—

(a) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M10 ;

(b) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M11 ;

(c) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M12 ;

(d) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M13 .”;

(i) in paragraph 13—

(i) in sub-paragraph (1), for “another European Single Market State or third country” substitute “ a country granted equivalence ”;

(ii) in sub-paragraph (3)—

(aa) omit paragraph (a);

(bb) in paragraph (b), omit “if the seed is from a third country”;

(cc) in the words after paragraph (b), omit “in both cases”;

(j) omit paragraph 14 and its heading;

(k) in paragraph 15(3), for “Council Directive 2002/55/EC on the marketing of vegetable seed” substitute “ these Regulations ”;

[F26 (l) omit paragraph 16;]

(m) in paragraph 17—

(i) in the heading and, in sub-paragraph (1), in the words before paragraph (a), for “third country” substitute “ country granted equivalence ”;

(ii) in sub-paragraph (1)(a)(i), for the words from “a European Single Market State” to the end, substitute “ the United Kingdom, a Crown Dependency (provided such seed has been produced under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations) or a country granted equivalence ”;

(iii) for sub-paragraph (1)(a)(ii), substitute—

“(ii) the crossing of basic seed officially certified in the United Kingdom or a Crown Dependency (provided such seed has been produced under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations) with basic seed certified in a country granted equivalence;”;

[F27 (n) in paragraph 18, for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;]

Textual Amendments

F1 Reg. 4(2) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(a)

F2 Reg. 4(3) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(b)

F3 Reg. 4(4) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(c)

F4 Reg. 4(5) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(d)

F5 Reg. 4(6) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(e)

F6 Reg. 4(9)(a) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(f)(i)

F7 Reg. 4(9)(aa) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(f)(ii)

F8 Words in reg. 4(9)(b) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(f)(iii)

F9 Reg. 4(9)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(f)(iv)

F10 Words in reg. 4(10) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(g)(i)

F11 Words in reg. 4(10) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(g)(ii)(aa)

F12 Words in reg. 4(10) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(g)(ii)(bb)

F13 Words in reg. 4(11)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(h)(i)

F14 Reg. 4(11)(e) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(h)(ii)

F15 Word in reg. 4(12)(c)(i) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(i)

F16 Reg. 4(12)(e) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(i)(ii)

F17 Word in reg. 4(12)(g) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(i)(iii)

F18 Word in reg. 4(12)(j) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(i)(iii)

F19 Reg. 4(13)(ai)(d) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(i)(aa)

F20 Words in reg. 4(13)(d)(i) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(i)(bb)

F21 Word in reg. 4(13)(e)(ii) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(ii)

F22 Reg. 4(13)(ea) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(iii)

F23 Reg. 4(13)(f) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(iv)

F24 Reg. 4(13)(g) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(v)

F25 Words in reg. 4(13)(h)(ii)(bb) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(vi)

F26 Reg. 4(13)(l) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(vii)

F27 Reg. 4(13)(n) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(viii)

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Marginal Citations

M9 1964 c.14.

M10 S.I. 2002/3188 (W.304), amended by S.I. 2005/1913 (W.156), 2005/2759, 2011/1043, 2013/755 (W.90), 2018/1216 (W.249).

M11 S.I. 2002/2443, as amended by S.I. 2004/2411, 2005/2759, 2009/1892, 2011/1043, 2018/575.

M12 S.S.I. 2002/541, amended by S.I 2005/2759 and 2011/1043; and by S.S.I 2004/439, 2015/100.

M13 S. R. 2003 No. 167.

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

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 [F28 or a country granted equivalence], legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

F29 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”;

(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 [F30 or a country granted equivalence], legislation recognised by the Welsh Ministers as having equivalent effect to Schedule 1;

F31 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”;

(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 [F32 or a country granted equivalence], legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

F33 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”;

[F34 (ca) in the appropriate place insert—

““country granted equivalence” (“gwlad y caniatawyd cywerthedd iddi”) means a country that has been assessed under regulation 5(3) and the Welsh Ministers are satisfied that the plant material from the country is produced under conditions equivalent to the requirements in these Regulations for plant material;”;]

(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 M14 ;

(b) as regards Scotland, the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 M15 ;

(c) as regards Northern Ireland, the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 M16 —

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 [F35 or a country granted equivalence], legislation recognised by the Welsh Ministers as having equivalent effect to Part 1 of Schedule 2;

F36 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”;

(g) in the definition of “outside Wales”, for the words from “ or any member” to the end, substitute “ [F37 , any Crown Dependency or country granted equivalence] ”;

(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 [F38 or a country granted equivalence], legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

F39 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

[F40 (3) In regulation 4(3), for “the European Union” substitute “Great Britain”.]

[F41 (4) In regulation 5, in paragraph (3), for “European Union” substitute “United Kingdom”.]

(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.”.

F42 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In Schedule 2—

(a) in paragraph 4(b), for “EU” substitute “ [F45 GB] ”;

(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 “ [F46 GB] ”;

(ii) in [F47 sub-paragraph (b)(i)], 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 M17 ;

(b) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M18 ;

(c) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M19 ;

(d) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M20 ;”.

(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 [F48 implementation period completion 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 M21 or the GMO Regulations, or

(ii) has, before the day on which [F49 implementation period completion 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 [F50 implementation period completion 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).

Textual Amendments

F28 Words in reg. 5(2)(a) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(aa)

F29 Words in reg. 5(2)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(bb)

F30 Words in reg. 5(2)(b) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(aa)

F31 Words in reg. 5(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(bb)

F32 Words in reg. 5(2)(c) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(aa)

F33 Words in reg. 5(2)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(bb)

F34 Reg. 5(2)(ca) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(ii)

F35 Words in reg. 5(2)(f) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(aa)

F36 Words in reg. 5(2)(f) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(bb)

F37 Words in reg. 5(2)(g) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(iii)

F38 Words in reg. 5(2)(i) inserted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(aa)

F39 Words in reg. 5(2)(i) omitted (W.) (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(a)(i)(bb)

F40 Reg. 5(3) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(b)

F41 Reg. 5(4) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(c)

F42 Reg. 5(6) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(d)

F43 Reg. 5(7) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(d)

F44 Reg. 5(8) omitted (31.12.2020 immediately before IP completion day) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(d)

F45 Word in reg. 5(9)(a) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(e)(i)

F46 Word in reg. 5(9)(c)(i) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(e)(i)

F47 Words in reg. 5(9)(c)(ii) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(e)(ii)

F48 Words in reg. 5(13)(a) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(f)

F49 Words in reg. 5(15)(a) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(f)

F50 Words in reg. 5(16) substituted (31.12.2020 immediately before IP completion day) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(4)(f)

Commencement Information

I5 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Marginal Citations

M14 S.I. 2017/595.

M15 S.S.I. 2017/177.

M16 S.R. 2017 No.119.

M17 S.I. 2002/3188 (W.304), amended by S.I. 2005/1913 (W.156), 2005/2759, 2013/755 (W.90), 2018/1216 (W.249).

M18 S.I. 2002/2443, as amended by S.I.2004/2411, 2005/2759, 2009/1892, 2011/1043, 2018/575.

M19 S.S.I 2002/541, amended by S.S.I 2004/439, 2015/100 and S.I. 2005/2759 and 2011/1043.

M20 S.R. 2003 No.167.

M21 Defined in paragraph 1 of Schedule 4 to S.I. 2017/691 (W.163).

Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

The Regulations also (in exercise of the powers conferred by the European Communities Act 1972 (c.68)) make amendments to the Seed Marketing Regulations (Wales) 2012 to include references to EEA states and Switzerland where appropriate.

These Regulations make amendments to subordinate legislation, which apply in relation to Wales, in the fields of seeds and the marketing of fruit plant propagating material and fruit plants intended for fruit production.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.