The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020

Amendment of the Fodder Plant Seed (Scotland) Regulations 2005

7.—(1) The Fodder Plant Seed (Scotland) Regulations 2005(1) are amended as follows.

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

(a) after the definition of “Equivalence Decision” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC(2);”,

(b) after the definition of “professional seed operator” insert—

““protected zone quarantine pest” has the meaning given in Article 32 (recognition of protected zones), paragraph 1 of the EU Plant Health Regulation;”,

(c) after the definition of “registered or licensed number” insert—

““RNQP” means a Union regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation;”,

(d) after the definition of “UK National List” insert—

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

(3) In schedule 4 (requirements for certain categories of seed)—

(a) in Part 1 (conditions relating to certain crops), for paragraph 4 substitute—

“Pests in the crop

4.— (1) The crop must be practically free from any pests which reduce the usefulness and quality of the seed.

(2) The crop must also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as the measures adopted pursuant to Article 30(1) of that Regulation.

(3) The presence of RNQPs on the crop and the respective categories must comply with the requirements set out in the following table—

RNQPs or symptoms caused by RNQPs	Plants for planting (genus or species)	Thresholds for the production of pre-basic seed	Thresholds for the production of basic seed	Thresholds for the production of certified seed
Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]	Lucerne	0%	0%	0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Lucerne	0%	0%	0%”,

(b) in Part 2 (conditions relating to certain categories of seed), for paragraph 12 substitute—

“Pests in the seed

12.— (1) The seed must be practically free from any pests which reduce the usefulness and quality of the seed.

(2) The seed must also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as the measures adopted pursuant to Article 30(1) of that Regulation.

(3) The presence of RNQPs on the seeds and the respective categories must comply with the requirements set out in the following table—

RNQPs or symptoms caused by RNQPs	Plants for planting (genus or species)	Thresholds for pre-basic seed	Thresholds for basic seed	Thresholds for certified seed
Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]	Lucerne	0%	0%	0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Lucerne	0%	0%	0%”.

(1)

S.S.I. 2005/329, to which there are amendments not relevant to these Regulations.

(2)

OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14 December 2019.