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The Marketing of Ornamental Plant Propagating Material Regulations 1999
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- UK Statutory Instruments
- 1999 No. 1801
- Regulation 12
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Propagating material produced [F1outside the United Kingdom] E+W
12.—(1) No supplier shall import propagating material [F2produced in a country outside of the United Kingdom] unless he has ensured prior to import that the material to be imported is of an equivalent standard to propagating material produced in accordance with [F3these Regulations].
(2) [F4Subject to paragraph (5),] a supplier shall notify the Minister in writing of the importation of a consignment of propagating material F5... within one month of its importation.
(3) A supplier shall be deemed to have complied with paragraph (2) above [F6, in relation to England, if the supplier delivers a phytosanitary certificate for export or a phytosanitary certificate for re-export to the Secretary of State] [F7, in relation to Wales, if the supplier delivers a phytosanitary certificate for export or a phytosanitary certificate for re-export to the Welsh Ministers].
(4) [F8Subject to paragraph (5),] a supplier shall retain documentary evidence of every contract relating to the import of propagating material F9... during the subsistence of the contract and for at least twelve months after its termination.
[F10(5) Paragraphs (2) and (4) do not apply to suppliers importing propagating material produced in the Channel Islands or the Isle of Man.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in reg. 12 heading substituted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 12(1) substituted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(7)(b)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(3)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 12(1) substituted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 12(2) inserted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(7)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 12(2) omitted (E.W.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(7)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 12(3) substituted (E.) (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 2(7)
F7Words in reg. 12(3) substituted (W.) (27.3.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 (S.I. 2020/206), reg. 1, Sch. 5 para. 2(7)
F8Words in reg. 12(4) inserted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(7)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in reg. 12(4) omitted (E.W.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(7)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F10Reg. 12(5) inserted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(7)(d) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(3)(e)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Propagating material produced [F11outside the United Kingdom] S
12.—(1) No supplier shall import propagating material [F12produced in a country outside of the United Kingdom] unless he has ensured prior to import that the material to be imported is of an equivalent standard to propagating material produced in accordance with [F13these Regulations] .
(2) [F14Subject to paragraph (5),] a supplier shall notify the Minister in writing of the importation of a consignment of propagating material F15... within one month of its importation.
(3) A supplier shall be deemed to have complied with paragraph (2) above if he delivers a phytosanitary certificate or [F16phytosanitary certificate for re-export in respect of the consignment in accordance with [F17the EU Plant Health Regulation]].
(4) [F18Subject to paragraph (5),] a supplier shall retain documentary evidence of every contract relating to the import of propagating material F19... during the subsistence of the contract and for at least twelve months after its termination.
[F20(5) Paragraphs (2) and (4) do not apply to suppliers importing propagating material produced—
(b)in the Channel Islands or the Isle of Man.]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F11Words in reg. 12 heading substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in reg. 12(1) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(7)(b)(i) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 12(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in reg. 12(1) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in reg. 12(2) inserted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(7)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in reg. 12(2) omitted (S.) (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(7)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in reg. 12(3) substituted (S.) (17.11.2018) by The Marketing of Ornamental Plant Propagating Material Amendment (Scotland) Regulations 2018 (S.S.I. 2018/284), regs. 1, 3(8)
F17Words in reg. 12(3) substituted (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 2(7)
F18Words in reg. 12(4) inserted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(7)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F19Words in reg. 12(4) omitted (S.) (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(7)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F20Reg. 12(5) inserted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(7)(d) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 12(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)
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