The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020

Amendments relating to the Marketing of Ornamental Plant Propagating Material Regulations 1999

12.—(1) Regulation 11 (the Marketing of Ornamental Plant Propagating Material Regulations 1999) is amended as follows.

(2) In paragraph (2)(a), omit ““Directive 2000/29/EC” ,”.

(3) After paragraph (3), insert—

“(3A) In regulation 4 (quality requirements for propagating material)—

(a) in paragraph (1)(d)—

(i) for “Union” substitute “GB”,

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

(b) in paragraph (2)—

(i) after the definition of “the EU Plant Health Regulation” insert—

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

(ii) for the definition of “protected zone quarantine pest” substitute—

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

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

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

(4) Omit paragraphs (4) and (5).

(5) For paragraph (6)(a) substitute—

“(a) in sub-paragraph (a), for “Community plant variety rights pursuant to Regulation 2100/94 or national” substitute “UK”,”.

(6) In paragraph (7)—

(a) in sub-paragraph (b)(i), for “into the United Kingdom” substitute “produced in a country outside of the United Kingdom”,

(b) in sub-paragraph (d), in the new paragraph (5) to be inserted by that paragraph, omit new sub-paragraph (a).