The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019

The Cereal Seed (Scotland) Regulations 2005 S

13.—(1) The Cereal Seed (Scotland) Regulations 2005 M1 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “Annex V(C) document”,

[F1 (b) in the definition of “blended seed lot”—

(i) omit “or Annex I (crop conditions) of the Cereal Seed Directive”,

(ii) for “National Authority” substitute “GB Authority or the NI Authority”,]

[F2 (c) in the definition of “breeder”—

(i) in sub-paragraph (a), for “UK National List or the Common Catalogue” substitute “GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence”,

(ii) in sub-paragraph (b), for “UK National List or in the Common Catalogue” and “UK National List or Common Catalogue” substitute “GB Variety List, NI Variety List or equivalent list in a country granted equivalence”,]

[F3 (d) in the definition of “bulked seed lot”—

(i) in sub-paragraph (a)(iii), omit “or Annex I (crop conditions) of the Cereal Seed Directive”,

(ii) in sub-paragraph (b), for “National Authority” substitute “GB Authority or the NI Authority”,]

[F4 (e) omit the definitions of “Common Catalogue” and “the Common Catalogue Directive”,

(ea) in the definition of “Conservation Variety”, for “UK National List” substitute “GB Variety List or an NI Variety List”,]

[F5 (f) in the definition of “control plot”, for “European Authority” in both places it occurs substitute “GB Authority or the NI Authority”,]

(g) after the definition of “control plot”M2 insert—

[F6 ““country granted equivalence” means a country that has been—

(a) granted equivalence under the Equivalence Decision; or

(b) assessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;]

“Crown Dependency” means any of the Channel Islands or the Isle of Man;”,

[F7 (ga) for the definition of “Department of Agriculture and Rural Development” substitute—

““DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;”,]

[F8 (h) omit the definition of “EEA State”,]

[F9 (i) omit the definitions of “European Authority” and “by a European Authority”,]

F10 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (k) in the definition of “fully certified”—

(i) in sub-paragraph (b), for “European” substitute “International”,

(ii) in the text after sub-paragraph (b), for the words “either in” to the end substitute “schedule 4;”,]

[F12 (l) after the definition of “genetically modified” insert—

““the GMO Regulations” means—

(a)

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M3 ;

(b)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M4 ;

(c)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M5 ;

(d)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M6 ;

“GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales;

“GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation;

“GB Variety List” is a 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;”,

(la) after the definition of “homogeneous seed lot” insert—

““International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means–

(a)

by or on behalf of a GB Authority;

(b)

by or on behalf of the NI Authority; or

(c)

by or on behalf of the competent seed certification authority of a country other than the United Kingdom;”,

(lb) in the definitions of “licensed crop inspector”, “licensed seed sampler” and “licensed seed testing station”, for sub-paragraph (b) in each definition substitute—

“(b) granted under provisions equivalent to that regulation by—

(i) a GB Authority other than the Scottish Ministers; or

(ii) the NI Authority;”,]

[F13 (m) omit the definition of “licensed EC crop inspector”,

(n) omit the definition of “National Authority”,

(o) before the definition of “oats” insert—

““NI Authority” means DAERA;

“NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;”,

(p) in the definition of “official field inspection”—

(i) in sub-paragraph (a), for “European Authority” substitute “a GB Authority or the NI Authority”,

(ii) in sub-paragraph (b), omit the words “or a licensed EC crop inspector”,

(q) in the definition of “official label”, for “a European Authority” substitute “an International Authority”,

(r) in the definition of “official post control”, for “the relevant European Authority” substitute “an International Authority”,

(s) in the definition of “official post control the results of which have been satisfactory“—

(i) for “the relevant European Authority” substitute “an International Authority”,

(ii) for sub-paragraph (a)(ii) substitute—

“(ii) in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4;”,

(t) after the definition of “official sticker” insert—

““PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation;”,

(u) omit the definition of “protected zone quarantine pest”,

(v) for the definition of “registered or licensed number” substitute—

““registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provision equivalent to that regulation by—

(a)

a GB Authority other than the Scottish Ministers; or

(b)

the NI Authority;”,

(w) in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”,

(x) for the definition of “third country” substitute—

““third country” means any country or territory other than the British Islands;”,

(y) omit the definition of “Union quarantine pest”.]

(3) In regulation 3 (definitions of seed categories)—

[F14 (a) in the definition of “Pre-basic Seed”, for paragraph (c) substitute—

“(c) has been—

(i) subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed specified in schedule 4;

(ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;”,]

[F15 (b) in the definition of “Basic Seed”, for paragraph (f) substitute—

“(f) has been—

(i) subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the requirements for Basic Seed specified in schedule 4;

(ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;”,]

[F16 (c) in the definition of “Certified Seed”, for paragraph (c) substitute—

“(c) has been—

(i) subject to regulation 12, officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in schedule 4;

(ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom;”,]

[F17 (d) in the definition of “Certified Seed of the First Generation”, for paragraph (c) substitute—

“(c) has been—

(i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in schedule 4;

(ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;”,]

[F18 (e) in the definition of “Certified Seed of the Second Generation”, for paragraph (c) substitute—

“(c) has been—

(i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Second Generation specified in schedule 4;

(ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;”,]

(4) For regulation 5(2) (seed to which the Regulations apply) M7 , substitute—

“(2) These Regulations do not apply to seed intended for export outside the United Kingdom (other than regulation 13A (certification and labelling for export)).”.

(5) In regulation 6 (marketing of seed)—

[F19 (a) in paragraph (1)(b)(i), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

(aa) in paragraph (2)(b)(i), omit “or Annex I (crop conditions) of the Cereal Seed Directive”,

(ab) in paragraph (3), for “a European” substitute “an International”,]

(b) in paragraph (5), for “a country which is not an EEA State” substitute “ outside the United Kingdom ”,

F20 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) omit paragraph (6).

[F21 (6) In regulation 6A (importation from outside the European Union)—

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

(b) for “outside the European Union” substitute “a country granted equivalence”.]

(7) In regulation 9 (exception for scientific purposes or selection work)—

(a) for paragraph (1)(b) substitute—

[F22 “(b) an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

(i) a GB Authority other than the Scottish Ministers; or

(ii) the NI Authority.”],

(b) for paragraph (4) substitute—

“(4) The Scottish Ministers may only grant an authorisation under this regulation in respect of a genetically modified variety if the marketing and release of the genetically modified material by the applicant has been authorised—

(a) before the day on which [F23 IP completion] day falls, under Part C of the 2001 Deliberate Release Directive,

(b) under the Food and Feed Regulation, or

(c) under the GMO Regulations.”.

(8) M8 In regulation 9A (exception for test and trial seed) —

(a) for paragraph (1) substitute—

“(1) Regulation 6(1)(b) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with—

(a) a tests and trials authorisation; or

[F24 (b) an authorisation which has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

(i) a GB Authority other than the Scottish Ministers; or

(ii) the NI Authority.”],

[F25 (b) in paragraph (4)—

(i) for sub-paragraph (a) substitute—

“(a) the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—

(i) regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or

(ii) the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;”,

(ii) for sub-paragraph (b) substitute—

“(b) in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—

(i) before the day on which IP completion day falls, under Part C of the 2001 Deliberate Release Directive;

(ii) under the Food and Feed Regulation; or

(iii) under the GMO Regulations;”,]

(c) in paragraph (6), for “that permitted by Article 7 of the 2004 Commission Decision” substitute—

“the greater of—

(a) (i) in the case of durum wheat, 0.05%,

(ii) in the case of oats, barley and wheat, 0.3%,

(iii) in all other cases, 0.1%,

of the annual number of seeds used in the United Kingdom, and

(b) such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares”,

[F26 (d) in paragraph (9), for “National List” to the end substitute “GB Variety List or an NI Variety List.”,]

[F27 (e) in paragraph (10), for “names of the Member State” to the end substitute “location of the trials within the United Kingdom”.]

(9) M9 In regulation 9B (exception for Conservation Varieties) —

(a) after paragraph (8), insert—

“(8A) For the purposes of paragraph (8), Article 14 of Commission Directive 2008/62 is to be read as if—

(a) in the first paragraph—

(i) “Each Member State shall ensure that,” was omitted,

(ii) for “does not exceed”, there were substituted “ may not exceed ”,

(iii) for “that Member State”, there were substituted “ [F28 Great Britain] ”,

(b) in the second paragraph—

(i) for “each Member State”, there were substituted “ [F28 Great Britain] ”,

(ii) for “the Member State” in both places where it occurs, there were substituted “ [F28 Great Britain] ”.”,

(b) in paragraph (11)—

(i) in the definition of “additional region”, insert at the end—

“, with Article 11(1) of Commission Directive 2008/62 being read as if for the reference to “Member States” in each place where it occurs and “the Member States” there were substituted “the Scottish Ministers”,

[F29 (ii) for the definition of “region of origin” substitute—

““region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if—

(a)

in the first sub-paragraph—

(i)

for “a Member State accepts”, there were substituted “the Scottish Ministers accept”;

(ii)

for “it shall”, there were substituted “they must”;

(iii)

for “It shall”, there were substituted “The Scottish Ministers must”;

(iv)

for “Member States”, there were substituted “Scottish Ministers”;

(b)

the second sub-paragraph was omitted.”.]

(10) For regulation 10(2) (general exemptions) substitute—

[F30 “(2) The Scottish Ministers may exercise the power under paragraph (1)—

(a) 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 Act; or

(b) to the extent that the provisions of the general licence are—

(i) necessary in order to overcome any temporary difficulties in the supply of basic or certified seed—

(aa) by permitting the marketing of seed of a category subject to less stringent requirements, or of seed of a variety not included in a GB Variety List or an NI Variety List;

(bb) for a specified period; and

(cc) in quantities necessary to resolve the supply difficulties; or

(ii) permitted by Commission Regulation 217/2006 or an authorisation granted thereunder.

(2A) The duration of a temporary experiment referred to in paragraph (2)(a) must not exceed 7 years.

(2B) When seed is marketed in accordance with paragraph (2)(b)(i), the following labelling requirements apply—

(a) for a category of seed of any given variety, the official label must be that provided for the corresponding category;

(b) for seed of varieties not included in a GB Variety List or an NI Variety List the colour of the official label must be brown;

(c) the label must always state that the seed in question is of a category satisfying less stringent requirements.”].

(11) In regulation 11 (marketing of officially certified lower germination seed)—

(a) in paragraph (1)—

(i) in the words before sub-paragraph (a), omit “or Annex II (seed conditions) of the Cereal Seed Directive”,

(ii) for sub-paragraph (b) substitute—

“(b) which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in paragraph 16 of Part II of Schedule 4 in relation to Basic Seed—

[F31 (i) by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain; or

(ii) by the NI Authority, in accordance with the applicable requirements in Northern Ireland; or,”],

(iii) for sub-paragraph (c)(ii) substitute—

“(ii) in the case of seed which has been fully certified as being Pre-basic Seed or Basic Seed—

[F32 (aa) by a GB Authority other than the Scottish Ministers, in the applicable requirements in the relevant part of Great Britain, irrespective of the findings of the GB Authority; or

(bb) by the NI Authority, in the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.”],

[F33 (b) in paragraph (3), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.]

(12) In regulation 12 (marketing of early movement seed)—

[F34 (a) in paragraph (1)—

(i) in sub-paragraph (a), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

(ii) for sub-paragraph (b) substitute—

“(b) (i) any seed lot has, in order to make seed rapidly available, been certified by—

(aa) a GB Authority other than the Scottish Ministers; or

(bb) the NI Authority; and

(ii) the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,”,]

(b) in paragraph (3)—

[F35 (i) for “European Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,]

(ii) omit “or Annex II (seed conditions) of the Cereal Seed Directive,”,

[F36 (c) in paragraph (5), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.]

(13) In regulation 14 (applications for official certificates)—

[F37 (a) in paragraph (3), for “UK National List (or an equivalent list in another EEA State)” in both places where it occurs, substitute “GB Variety List or an NI Variety List”,

(b) in paragraph (4)(d) omit—

(i) “or licensed EC crop inspector”, and

(ii) “, or licensed EC crop inspector’s,”.]

(14) In regulation 15(1)(a)(i) (sampling), for “European” substitute “ [F38 International] ”.

(15) In regulation 16 (sealing of packages of fully certified seed)—

[F39 (a) for sub-paragraph (1)(b) substitute—

“(b) sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.”,]

[F40 (b) for paragraph (3)(b) substitute—

“(b) in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.”.]

(16) In regulation 17 (labelling of packages of fully certified seed)—

[F41 (a) for paragraph (4A)(b) substitute—

“(b) where seed is sealed in any part of the United Kingdom other than Scotland, be labelled in accordance with the requirements for labelling applicable to a Conservation Variety in the relevant part of the United Kingdom.”,]

[F42 (b) for paragraph (5)(b) substitute—

“(b) which is sealed in any part of the United Kingdom other than Scotland will satisfy the applicable requirements in the relevant part of the United Kingdom,”,]

[F43 (c) for paragraph (8)(b) substitute—

“(b) which is sealed in any other part of the United Kingdom, must contain an official document in accordance with the applicable requirements for official documents and, as the case may be, for labelling of packages of mixtures of seeds, in the relevant part of the United Kingdom.”,]

[F44 (d) in paragraph (10)—

(i) for sub-paragraph (a) substitute—

“(a) (i) for packages sealed in Scotland, the appropriate particulars of the matters specified in Part II of Schedule 6 and paragraphs (3), (6)(a), (12) and (13), are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified;

(ii) for packages sealed in any other part of the United Kingdom, the appropriate particulars of the matters specified in accordance with the applicable requirements in the relevant part of the United Kingdom, are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; and”,

(ii) for sub-paragraph (c) substitute—

“(c) the requirements of paragraph 17 of Part VI of Schedule 6 are satisfied in the case of a package sealed in any other part of the United Kingdom.”.]

(e) in paragraph (14), for “one of the official languages of the European Union” substitute “ English but may also be given in other languages ”.

[F45 (17) In regulation 20 (breeder’s confirmations)—

(a) in paragraph (1)(c)—

(i) in head (i), for the words “UK National List” to the end substitute “GB Variety List or an NI Variety List”,

(ii) in head (ii), for the words “UK National List” to the end substitute “GB Variety List or an NI Variety List”,

(b) in paragraphs (5) and (6), for the words “UK National List (or to an equivalent list in another EEA State)” substitute “GB Variety List or an NI Variety List”.]

(18) In regulation 22(11) (labelling of packages of seed in relation to breeder's confirmation), for “one of the official languages of the European Union” substitute “ English but may also be given in other languages ”.

(19) Regulation 23 (comparative tests and trials) is omitted.

(20) After regulation 26 (written and electronic communication) insert—

“Certification in a Crown Dependency [F46 or a country granted equivalence]

26A.   Any seed certified and labelled in a Crown Dependency [F46 or a country granted equivalence] under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations may be marketed in Scotland.

Transitional provision for official labels on [F47 IP completion] day

26B.   A label pre-printed before [F47 IP completion] day which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for a package of Basic Seed, Seed of a Certified Generation or seed of a Conservation Variety or, as the case may be, a small package of Pre basic Seed, Basic Seed or Seed of a Certified Generation for the purposes of any use of that label before the end of the period of [F48 twelve months] beginning with the day after the day on which [F47 IP completion] day falls.”.

(21) In schedule 2 (official certificates and breeder's confirmations), in Part I (official certificates)—

(a) in paragraph 1 (applications for seed harvested in the United Kingdom), omit “but not made in pursuance of Article 15 (certification of seed from other EEA States or equivalent third countries) of the Cereal seed Directive”,

[F49 (b) for paragraph 4 (applications for seed harvested in an EEA State or third country) substitute—

“Applications for seed harvested outside the United Kingdom

4.— (1) Notwithstanding paragraphs 2 and 3, and subject to sub-paragraphs (2) and (3), on receipt of an application made in accordance with regulation 14(1) for the issue of an official certificate in respect of a seed lot as Pre basic Seed, Basic Seed or Seed of a Certified Generation, the Scottish Ministers may issue an official certificate in respect of the seed lot containing the particulars specified in paragraph 1 of Schedule 3.

(2) An official certificate may only be issued under sub-paragraph (1) if—

(a) the seed has been—

(i) produced directly from—

(aa) fully certified Basic Seed or Certified Seed of the First Generation, or

(bb) seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed or Certified Seed of the First Generation in accordance with these Regulations,

(ii) harvested outside the United Kingdom, and

(iii) shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed;

(b) the seed has been—

(i) produced directly from the crossing of fully certified Basic Seed with seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed in accordance with these Regulations,

(ii) harvested outside the United Kingdom, and

(iii) shown on official examination, or, in the case of seed certified in a country granted equivalence, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed; or

(c) the seed—

(i) is to be certified by the Scottish Ministers as Basic Seed;

(ii) has been produced directly from—

(aa) fully certified Pre-basic Seed, or

(bb) seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Pre-basic Seed in accordance with these Regulations,

(iii) has been harvested outside the United Kingdom, and

(iv) has been shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed.

(3) In the case of seed which has been harvested in a country granted equivalence, an official certificate may only be issued under sub-paragraph (1) provided that—

(a) the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Part I of schedule 4 (crop standards); and

(b) has been packed in a sealed package in accordance with the requirements of regulation 16 (sealing of packages of fully certified seed) and has been labelled in accordance with the requirements of regulation 17 (labelling of packages of fully certified seed) and schedule 6.”,]

[F50 (c) in paragraph 7(d) (when applications may be refused), for the words “UK National List (or to an equivalent list in an EEA State)” substitute “GB Variety List or an NI Variety List”.]

[F51 (22) In Schedule 4 (requirements for Pre Basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation and Certified Seed of the Second Generation)—

(a) in Part I (conditions relating to crops from which seed is obtained)—

(i) in paragraph 2 (varietal identity and varietal purity), for the words “UK National List” to the end substitute “GB Variety List or NI Variety List”,

(ii) in paragraph 4 (pests in the crop)—

(aa) for “Union” substitute “GB”,

(bb) for “protected zone” substitute “PFA”,

(b) in Part II (conditions relating to Basic Seed, Certified Seed, Certified Seed of the First Generation and Certified Seed of the Second Generation), in paragraph 17(2) (pests in the seed)—

(i) for “Union” substitute “GB”,

(ii) for “protected zone” substitute “PFA”.]

(23) M10 In schedule 4A (standards for certification of Conservation Varieties)—

[F52 (a) in Part III (conditions relating to crops from which seed is obtained), in paragraph 1 (varietal identity and varietal purity), for the words “UK National List” to the end substitute “GB Variety List or NI Variety List”,]

(b) in Part IV (conditions relating to seed of a Conservation Variety), in paragraph 1 (standards of germination, analytical purity and content of seed of other plant species), omit “EC”.

(24) In schedule 6—

(a) in paragraph 4(a)(i) (official label for a package of Pre-basic Seed), for “EEA State or their commonly used initials”, substitute “ country or country initials ”,

(b) in paragraph 5(a) (official label for a package of Basic Seed or Seed of a Certified Generation)—

(i) in [F53 head] (i), for “EC” substitute “ [F54 GB] ”,

(ii) in [F55 head] (ii), for “EEA State or their commonly used initials”, substitute “ country or country initials ”,

[F56 (iii) in head (xi)(aa), for “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,]

(c) in paragraph 6(a)(ii) (official label for a package of a mixture of seeds to which regulation 8 applies), for “EEA State or their commonly used initials”, substitute “ country or country initials ”,

[F57 (d) in paragraph 6A(a) (official label for a package of test and trial seed)—

(i) in head (ii), for “EEA State or their distinguishing abbreviation”, substitute “country or country initials”,

(ii) for head (vii) substitute—

“(vii) the official application number in relation to the application for listing under—

(aa) in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or

(bb) in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001;”,]

(e) in paragraph 6B(a)(i) (official label for a package of seed of a Conservation Variety) M11 , for “EC” substitute “ [F58 GB] ”,

(f) in paragraph 7(a)(i) (label for a small package of Pre-basic Seed, Basic Seed or Seed of a Certified Generation), for “EC” substitute “ [F59 GB] ”,

[F60 (g) in Part V (information in respect of seed imported from countries which are not EEA States in packages exceeding 2 kilograms net weight)—

(i) in the heading, for “which are not EEA States” substitute “outside the United Kingdom”,

(ii) in paragraph 11 (information to be supplied in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms net weight)—

(aa) in the heading, for “which is not an EEA State” substitute “outside the United Kingdom”,

(bb) in the text before sub-paragraph (a), for “which is not an EEA State” substitute “outside the United Kingdom”,]

[F61 (h) in Part VI (printing of specified matters on packages (whole bag labelling)), in paragraph 16 (seed packages sealed in the United Kingdom but not in Scotland, or in an EEA State other than the United Kingdom)—

(i) in the heading, for “in an EEA State other than the United Kingdom” substitute “outside the United Kingdom”,

(ii) for “EEA State” in the first place where it occurs, substitute “country outside the United Kingdom”,

(iii) for “EEA State” in the second place where it occurs substitute “country”,

(iv) for “the Department of Agriculture and Rural Development” substitute “DAERA”.]

Textual Amendments

F1 Reg. 13(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(a)

F2 Reg. 13(2)(c) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(b)

F3 Reg. 13(2)(d) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(c)

F4 Reg. 13(2)(e)(ea) substituted for reg. 13(2)(e) (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(d)

F5 Reg. 13(2)(f) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(e)

F6 Words in reg. 13(2)(g) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(f)

F7 Reg. 13(2)(ga) inserted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(g)

F8 Reg. 13(2)(h) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(h)

F9 Reg. 13(2)(i) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(i)

F10 Reg. 13(2)(j) omitted (31.12.2020 immediately before IP completion day) by virtue of The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(j)

F11 Reg. 13(2)(k) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(k)

F12 Reg. 13(2)(l)-(lb) substituted for reg. 13(2)(l) (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(l)

F13 Reg. 13(2)(m)-(y) substituted for reg. 13(2)(m) (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(2)(m)

F14 Reg. 13(3)(a) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(3)(a)

F15 Reg. 13(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(3)(b)

F16 Reg. 13(3)(c) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(3)(c)

F17 Reg. 13(3)(d) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(3)(d)

F18 Reg. 13(3)(e) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(3)(e)

F19 Reg. 13(5)(a)-(ab) substituted for reg. 13(5)(a) (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(4)

F20 Reg. 13(5)(c) revoked (31.12.2020 immediately before IP completion day) by The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/289), regs. 1(b), 5; 2020 c. 1, Sch. 5 para. 1(1)

F21 Reg. 13(6) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(5)

F22 Words in reg. 13(7)(a) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(6)(a)

F23 Words in reg. 13(7)(b) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(6)(b)

F24 Words in reg. 13(8)(a) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(7)(a)

F25 Reg. 13(8)(b) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(7)(b)

F26 Reg. 13(8)(d) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(7)(c)

F27 Reg. 13(8)(e) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(7)(d)

F28 Words in reg. 13(9)(a) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(8)(a)

F29 Reg. 13(9)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(8)(b)

F30 Words in reg. 13(10) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(9)

F31 Words in reg. 13(11)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(10)(a)(i)

F32 Words in reg. 13(11)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(10)(a)(ii)

F33 Reg. 13(11)(b) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(10)(b)

F34 Reg. 13(12)(a) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(11)(a)

F35 Reg. 13(12)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(11)(b)

F36 Reg. 13(12)(c) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(11)(c)

F37 Reg. 13(13)(a)(b) substituted for reg. 13(a)-(c) (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(12)

F38 Word in reg. 13(14) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(13)

F39 Reg. 13(15)(a) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(14)(a)

F40 Reg. 13(15)(b) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(14)(b)

F41 Reg. 13(16)(a) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(15)(a)

F42 Reg. 13(16)(b) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(15)(b)

F43 Reg. 13(16)(c) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(15)(c)

F44 Reg. 13(16)(d) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(15)(d)

F45 Reg. 13(17) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(16)

F46 Words in reg. 13(20) inserted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(17)(a)

F47 Words in reg. 13(20) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(17)(b)(i)

F48 Words in reg. 13(20) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(17)(b)(ii)

F49 Reg. 13(21)(b) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(18)(a)

F50 Reg. 13(21)(c) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(18)(b)

F51 Reg. 13(22) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(19)

F52 Reg. 13(23)(a) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(20)

F53 Word in reg. 13(24)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(21)(a)(i)(aa)

F54 Word in reg. 13(24)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(21)(a)(i)(bb)

F55 Word in reg. 13(24)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(21)(a)(ii)

F56 Reg. 13(24)(b)(iii) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(21)(a)(iii)

F57 Reg. 13(24)(d) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(21)(b)

F58 Word in reg. 13(24)(e) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(21)(c)

F59 Word in reg. 13(24)(f) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(21)(d)

F60 Reg. 13(24)(g) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(21)(e)

F61 Reg. 13(24)(h) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 14(21)(f)

Commencement Information

I1 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

Marginal Citations

M1 S.S.I. 2005/328, amended by S.S.I. 2006/313, S.S.I. 2006/448, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2010/219, S.I. 2011/1043, S.S.I. 2016/68, S.S.I. 2016/434 and Part 2 of this instrument.

M2 The definition was substituted by S.S.I. 2009/223.

M3 S.S.I. 2002/541, amended by S.S.I. 2004/439, S.I. 2005/2759, S.I. 2011/1043; S.S.I. 2015/100 and S.S.I. 2019/XXX.

M4 S.I. 2002/2443, as amended by S.I. 2004/2411, S.I. 2005/2759, S.I. 2009/1892 and S.I. 2018/575.

M5 S.I. 2002/3188 (W. 304), amended by S.I. 2005/2759 and S.I. 2013/755 (W. 90).

M6 S.R. 2003 No. 167.

M7 Regulation 5(2) is amended, and regulation 13A is inserted, by Part 2 of this instrument.

M8 Regulation 9A was inserted by S.S.I. 2007/224.

M9 Regulation 9B was inserted by S.S.I. 2009/223.

M10 Schedule 4A was inserted by S.S.I. 2009/223.

M11 Paragraph 6B was inserted by S.S.I. 2009/223.