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1.A temporary experiment is organised F1... aiming at assessing whether the production, under certain conditions, of seed tubers produced from plantlets grown from true potato seed may constitute an improved alternative to the production from seed potatoes and thus may be considered as accepted practice for the maintenance of the variety and of health as provided for in Article 2(b)(i) of Directive 2002/56/EC.
2.The purpose of the experiment is to assess the following elements:
(a)whether the production of seed tubers as referred to in paragraph 1 can be considered as ‘accepted practice’ within the meaning of Article 2(b)(i) of Directive 2002/56/EC and whether true potato seed can be considered as seed of a generation prior to basic seed within the meaning of Article 2(c)(i) of that Directive;
(b)whether seed tubers as referred to in paragraph 1 having a smaller size than the minimum size set out in Article 10(1) of Directive 2002/56/EC are acceptable;
(c)whether a different number of generations of basic seed potatoes and certified seed potatoes than the maximum number set out in point 7 of Annex I to Directive 2002/56/EC is acceptable;
(d)whether seed tubers as referred to in paragraph 1 having a higher percentage of external blemishes than the maximum percentage set out in point 3 of Annex II to Directive 2002/56/EC are acceptable;
(e)whether seed tubers as referred to in paragraph 1 maintain sufficient varietal identity and purity after several cycles of vegetative multiplication, and whether for such seed tubers different ceilings than the maximum percentages set out for basic seed potatoes in point 1(b) and for certified seed potatoes in point 2(b) of Annex I to Directive 2002/56/EC are acceptable;
(f)whether seed-borne diseases affect the quality of seed tubers as referred to in paragraph 1 and, if so, whether specific requirements should be set out in relation to those diseases;
(g)whether it is necessary to introduce specific requirements concerning traceability, identity, quality and health during the production of true potato seed and seedlings grown from true potato seed with a view to ensure quality, identification and health of seed tubers as referred to in paragraph 1; and
(h)what is the most appropriate production pathway from true potato seed to certified seed potatoes under the agro-climatic conditions prevalent in [F2Great Britain].
Textual Amendments
F1Words in Art. 1(1) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 1(2)(h) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(2)(b) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 30(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)
For the purpose of this Decision, the following definitons shall apply:
‘true potato seed’ means potato seed in the botanical sense produced in [F3Great Britain];
‘experimental seedlings’ means plantlets grown from true potato seed in [F3Great Britain] and intended for the production of other potatoes;
‘experimental seed tubers’ means potato tubers grown from experimental seedlings in [F3Great Britain];
‘experimental material’ means true potato seed, experimental seedlings and experimental seed tubers;
[F4“appropriate authority” means—
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
in relation to Scotland, the Scottish Ministers;
“responsible authority” means any authority who, in relation to any part of Great Britain, is the appropriate authority;
“the Seed Potatoes Regulations” means—
in relation to England, the Seed Potatoes (England) Regulations 2015;
in relation to Wales, the Seed Potatoes (Wales) Regulations 2016;
in relation to Scotland, the Seed Potatoes (Scotland) Regulations 2015].
Textual Amendments
F3Words in Art. 2 substituted (31.12.2020) by S.I. 2019/162, regs. 1(2)(b), 10(3)(a) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F4Arts. 2(e)-(g) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(3)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 30(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)
1.Any [F5responsible authority] may participate in the experiment.
2.A [F5responsible authority] which decides to participate in the experiment (hereinafter: ‘participating [F5responsible authority]’) shall inform the [F6other responsible authorities] concerning its participation.
3.A participating [F5responsible authority] may terminate its participation at any time by informing the [F6other responsible authorities] accordingly.
Textual Amendments
F5Words in Art. 3 substituted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 3 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Until 31 December 2023 and within the quantitative limit provided for in Article 5, participating [F7responsible authorities] may officially certify experimental seed tubers as ‘basic seed potatoes’ or ‘certified seed potatoes’ in accordance with the respective provisions of [F8the Seed Potatoes Regulations,] if those seed tubers comply with Articles 6 and 7 of this Decision and they have been bred, produced or maintained by persons registered pursuant to Article 8 of this Decision, provided that those experimental seed tubers belong to a variety that fulfils one of the following conditions:
[F9it is listed in the GB Variety Lists of plant varieties under regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001;]
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a valid application has been submitted for the acceptance of that variety [F11under regulation 4 of the Seeds (National Lists of Varieties) Regulations 2001].
For the purposes of the first paragraph, the experimental seed tubers shall be considered as being produced according to accepted practices for the maintenance of the variety and of health F12... and be considered as being produced from seed of a generation prior to basic seed F13....
Textual Amendments
F7Words in Art. 4 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 4 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F9Art. 4(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(5)(a)(iii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 30(7)(d)); 2020 c. 1, Sch. 5 para. 1(1)
F10Art. 4(b) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(5)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 4(c) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(5)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 4 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 4 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Certification pursuant to Article 4 shall for each participating [F14responsible authority] in each year be limited to a quantity of experimental seed tubers not exceeding 0,3 % of seed potatoes produced or a maximum of 10 hectares of seed potatoes planted in that year in the [F15territory for which the responsible authority concerned is the appropriate authority].
By 30 April of each year, each producer shall declare to the [F16appropriate authority] the size of the area on which he intends to produce experimental seed tubers that year.
Textual Amendments
F14Words in Art. 5 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 5 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 5 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Experimental seed tubers shall be produced from experimental seedlings fulfilling the requirements set out in Section A of Annex I grown from true potato seed derived from sexual crossing of inbred parental lines and fulfilling the requirements set out in Section B of Annex I.
By way of derogation from the first and second paragraphs of point 7 of Annex I to Directive 2002/56/EC, the maximum number of combined generations of basic seed potatoes and certified seed potatoes derived from true potato seed shall be four.
The tubers harvested from experimental seedlings shall be the first generation.
1.Each participating [F17responsible authority] shall keep and update a public register with the natural or legal persons who produce and market experimental material.
2.The persons referred to in paragraph 1 shall submit an application to the [F18appropriate authority] for inclusion in the register. That application shall include all of the following elements:
(a)their name, address and contact details;
(b)the denomination of the variety concerned.
The register shall contain those elements respectively for each person.
Textual Amendments
F17Words in Art. 8(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in Art. 8(2) substituted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
In addition to the information required in accordance with [F19the Seed Potatoes Regulations], packages or containers of experimental seed tubers marketed as basic seed potatoes or certified seed potatoes shall bear an official label including the indication set out in Section A of Annex II.
Containers of experimental seedlings shall be accompanied by a document made out by the supplier that includes the information set out in Section B of Annex II.
Packages of true potato seed shall bear a supplier's label with the information set out in Section C of Annex II.
The official label, the document accompanying containers of experimental seedlings and the supplier's label shall be issued in [F20English and may also be given in other languages].
Textual Amendments
F19Words in Art. 9 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in Art. 9 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(8)(b); 2020 c. 1, Sch. 5 para. 1(1)
The participating [F21responsible authorities] shall ensure traceability of experimental material.
A supplier transferring experimental material to another supplier shall keep a record allowing that supplier to identify, for each piece of the experimental material, the supplier to whom it was transferred.
A supplier to whom the experimental material has been transferred shall keep a record allowing that supplier to identify, for each piece of the experimental material, the supplier who transferred it.
Suppliers shall keep the records referred to in this Article until 31 March 2024.
Textual Amendments
F21Words in Art. 10 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(9); 2020 c. 1, Sch. 5 para. 1(1)
The [F22responsible authorities] shall carry out official inspections relating to the production and marketing of experimental material. F23... such official inspections shall cover at least:
verification of the declarations of quantities intended to be produced and the notifications of quantities marketed;
the analytical purity, content of other species and germination of true potato seed;
compliance of the producer and any person marketing experimental material with the requirements set out in this Decision.
The inspections relating to point (b) of the first paragraph shall take place at least once per year. They shall include inspections of the premises of the persons concerned and the fields and greenhouses used for the production of true potato seed and experimental seedlings.
Textual Amendments
F22Words in Art. 11 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
F23Words in Art. 11 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.By 28 February of each year, suppliers shall notify the [F24appropriate authority] of the quantities of experimental material that they have marketed during the preceding year. The participating [F25responsible authorities] shall keep record of the marketed quantities of experimental material. F26...
2.Each participating [F27responsible authority] shall, for each year, present to the [F28other responsible authorities], by 31 March of the following year, an annual report containing the information referred to in Annex III, where that information is available. That report shall always contain information on the quantities of experimental material marketed, and, where this is known, the [F27responsible authority] for which the experimental material was intended. That report may include any other information the participating [F27responsible authority] considers relevant.
3.Each participating [F29responsible authority] shall present to the [F30other responsible authorities], by 31 March 2024, a final report containing the information referred to in Annex III. That report shall include an assessment of the conditions of the experiment and of the interest of organising a further experiment, if appropriate. That report may include any other information the participating [F27responsible authority] considers relevant in view of the purpose of the experiment.
4.A participating [F31responsible authority] ending its participation before 31 December 2023 shall submit its final report by 31 March of the year following the end of its participation.
Textual Amendments
F24Words in Art. 12(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F25Words in Art. 12(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F26Words in Art. 12(1) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(11)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F27Words in Art. 12(2) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F28Words in Art. 12(2) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F29Words in Art. 12(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F30Words in Art. 12(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F31Words in Art. 12(4) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F32Art. 13 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 10(12); 2020 c. 1, Sch. 5 para. 1(1)
Done at Brussels, 21 March 2017.
For the Commission
Vytenis Andriukaitis
Member of the Commission