The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019

The Seed Marketing Regulations 2011 E+W

7.—(1) The Seed Marketing Regulations 2011 M1 are amended as follows.

[F1 (2) In regulation 3, for paragraph (1) substitute—

“(1) For the purposes of these Regulations—

(a) the “GB Variety List” is the 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;

(b) a “country granted equivalence” means—

(i) a country that has been granted equivalence under Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries; or

(ii) a country that has been assessed by the Secretary of State that the seed from that country is produced under conditions equivalent to the requirements in these Regulations for seed to which these Regulations apply;

(c) “Crown Dependency” means any of the Channel Islands or the Isle of Man;

(d) the “NI Variety List” means the list of plant varieties prepared and published by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in accordance with legislation having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001;”.]

[F2 (3) In regulation 4(2), for “the European Union” substitute “Great Britain”.]

[F3 (4) In regulation 7, for the words from “United Kingdom” to the end substitute “GB Variety List, NI Variety List or an equivalent list in a country granted equivalence”.]

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (6) In regulation 10, in paragraph (a) for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;]

(7) For regulation 21A, substitute—

“21A.— (1) The Secretary of State may by licence exempt any person or class of person from compliance with any provision of these Regulations 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 Plant Varieties and Seeds Act 1964 M2 .

(2) The duration of an experiment must not exceed 7 years.”.

(8) In regulation 26, omit “outside the European Union”.

(9) In regulation 27—

[F6 (a) in the heading, for “outside the European Union” substitute “a country granted equivalence”]

[F7 (aa) for paragraph (1) substitute—

“(1) Seed imported from a country granted equivalence must—

(a) be a variety listed in the GB Variety List; and

(b) be labelled with—

(i) for standard vegetable seed, a supplier’s label in accordance with paragraph 25(4) or (5) of Schedule 3;

(ii) for all other seed, a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.”;]

(b) in paragraph (3), for “from a third country” substitute “ [F8 from a country granted equivalence] ”;

F9 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In regulation 30, for “acts as the member State for the purposes of” substitute “ may temporarily permit the marketing of seed not satisfying the requirements of minimum germination under conditions determined in accordance with ”.

(11) After regulation 32, insert—

“Certification in a Crown Dependency [F10 or a country granted equivalence]

32A.   Any seed certified and labelled in a Crown Dependency [F10 or a country granted equivalence] under legislation recognised by the Secretary of State to have equivalent effect to these Regulations may be marketed in England.

Transitional provision for official labels on [F11 IP completion day]

32B.   For the purposes of regulation 17 and paragraphs 7(1)(a) and 8(1)(a) of Schedule 3, an official label pre-printed before [F11 IP completion day] containing the statement “EU Rules and Standards” may be used as an official label before the end of the period of [F12 one year] beginning with the day after the day on which [F11 IP completion day] falls.”.

F13 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In Schedule 2—

(a) in paragraph 7—

(i) in sub-paragraph (1), after “Article 2(3)(A)”, insert “ (a) to (d) ”;

(ii) in sub-paragraph (3), for “Annex III to that Directive” substitute “ Schedule 3 ”;

(iii) after sub-paragraph (5), insert—

“(6) For the purposes of this regulation, Council Directive 2002/54/EC is to be read as if—

(a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;

(b) in Annex 1—

(i) in point A—

(aa) in paragraph 3, for “certification authority” there were substituted “ Secretary of State ”;

(bb) in the last paragraph, for the words from “the common” to “that Directive” there were substituted “[F14 GB Variety] List”;

(ii) in point B, in paragraph 3(c)—

(aa) the reference to “Member States” were a reference to “The Secretary of State”;

(bb) the reference to “Community” were omitted.”;

(b) in paragraph 15—

(i) in sub-paragraph (1), after “Article 2(3)(A)”, insert “ (a) to (d) ”;

(ii) in sub-paragraph (2), after “that Directive”, in the first place where it occurs, insert “ (except paragraphs 1a(f) and 1b of Article 7) ”;

(iii) after sub-paragraph (2), insert—

“(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 66/402/EEC is to be read as if—

(a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;

(b) in Article 7—

(i) the reference to “Member States” were a reference to “The Secretary of State”;

(ii) in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “ Secretary of State ”.”;

(c) in paragraph 28—

(i) in sub-paragraph (1), after “Article 2(3)(A)”, insert “ (a) to (d) ”;

(ii) after sub-paragraph (1), insert—

“(1A) For the purposes of sub-paragraph (1), Council Directive 66/401/EEC is to be read as if—

(a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;

(b) in Annex 1, in paragraph 4, in the second sub-paragraph, the words from “Upon” to the end were omitted.”;

(d) in paragraph 42—

(i) in sub-paragraph (1), after “Article 2(5)(A)”, insert “ (a) to (d) ”;

(ii) after sub-paragraph (1), insert—

“(1A) For the purposes of sub-paragraph (1), Council Directive 2002/57/EC is to be read as if—

(a) in Article 2(5)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;

(b) in Annex 2, in Part 1, in paragraph 5C, the last sub-paragraph were omitted.”;

[F15 (e) in paragraph 43(2), for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;]

(f) in paragraph 50—

(i) in sub-paragraph (1), after “Article 2(4)(A)” insert “ (a) to (d) ”;

(ii) in sub-paragraph (2), after “Article 25”, insert “ (except paragraphs 1a(f) and 1b) ”;

(iii) after sub-paragraph (2), insert—

“(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 2002/55/EC is to be read as if—

(a) in Article 2(4)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;

(b) in Article 25—

(i) references to “Member States” were references to “the Secretary of State”;

(ii) in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “ Secretary of State ”.”.

(14) In Schedule 3—

(a) in paragraph 5(5), for the words from “one of” to the end substitute “ English, but may also be in other languages ”;

(b) in paragraph 6(1)—

(i) in paragraph (a), after “the name”, insert “ and country or country initials ”;

(ii) omit paragraph (b);

(c) in paragraphs 7(1) and 8(1)—

(i) in paragraph (a), for “EU” substitute “[F16 GB]”;

(ii) in paragraph (b), after “the name”, insert “ and country or country initials ”;

(iii) omit paragraph (c);

(d) in paragraph 9(1)—

(i) in paragraph (a), at the beginning, insert “ the name and country or country initials of ”;

(ii) omit paragraph (b);

[F17 (e) in paragraphs 12(2)(a) and 14(1)(a), for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;]

(f) in paragraph 19—

(i) in sub-paragraph (2), omit “EC”;

(ii) in sub-paragraph (4)—

(aa) in paragraph (a), omit “EC”;

(bb) in paragraph (e), for “European Single Market State” substitute “ country of production ”;

(g) in paragraph 20(4)(a), for “EU” substitute “[F18 GB]”;

(h) in paragraphs 21 and 22, omit “EC” in each place where it occurs;

(i) in paragraph 23—

(i) omit “EC” in each place where it occurs;

(ii) in sub-paragraphs (2)(c)(ii) and (d)(iii), for “European Single Market State” substitute “ country of production ”;

(j) in paragraphs 24 and 25, for “EU”, in each place where it occurs, substitute “[F19 GB]”.

(15) In Schedule 4—

(a) in paragraph 4(1), for “the Directive” substitute “ these Regulations ”;

(b) in paragraph 5(2), for “from a third country” substitute “ into the United Kingdom ”;

(c) in paragraph 6, for “Council Directive 66/402/EEC” substitute “ these Regulations ”;

(d) in paragraph 7—

[F20 (ai) in sub-paragraphs (2) and (3) for “United Kingdom National” substitute “GB Variety”;]

(i) after sub-paragraph 5, insert—

“(5A) For the purposes of sub-paragraph (5)—

(a) Article 14 of Commission Directive 2008/62/EC is to be read as if—

(i) in the first paragraph—

(aa) the words “Each Member State shall ensure that, ” were omitted;

(bb) for the reference to “that Member State” there were substituted “[F21 Great Britain]”;

(ii) in the second paragraph—

(aa) the words “in each Member State” were omitted;

(bb) for the references to “the Member State”, in both places where it occurs, there were substituted “[F21 Great Britain]”;

(b) Article 15 of Commission Directive 2009/145/EC is to be read as if—

(i) the words “Each Member State shall ensure that” were omitted;

(ii) for “does” there were substituted “ must ”.”;

(ii) in sub-paragraph (7), for the words from “Council Directive 2002/54/EC” to “(as the case may be)” substitute “ these Regulations ”;

(iii) in sub-paragraph (8)—

(aa) in paragraph (a), for the words from “Council Directive 2002/55/EC” to “seed” substitute “ Schedule 2 ”;

(bb) in paragraph (b), for “that Directive” substitute “ these Regulations ”;

(e) in paragraph 8—

(i) in sub-paragraph (3)(b), for the words from “in accordance” to the end substitute “ having taken account of any available information from plant genetic resource organisations ”;

(ii) in sub-paragraph (5)(a), for “EU” substitute “[F22 GB]”;

(iii) in sub-paragraph (7), after “have”, in the first place where it occurs, insert “ subject to sub-paragraph (8) ”;

(iv) after sub-paragraph (7) insert—

“(8) For the purposes of this paragraph, Article 1(a) of Commission Directive 2010/60/EU is to be read as if the definition of “source area” contained in that Article defined it to mean an area designated as a special area of conservation or an area contributing to the conservation of plant genetic resources in accordance with retained EU law.”;

[F23 (ea) in paragraph 9—

(i) in sub-paragraphs (1), (5) and (6), for “United Kingdom National” substitute “GB Variety”;

(ii) in sub-paragraph (8), in the words before paragraph (a), for “the United Kingdom” substitute “Great Britain”;]

[F24 (f) in paragraph 10—

(i) in sub-paragraph (1), for the words from “United Kingdom”, where it first occurs” to the end substitute “GB Variety List provided an application has been made for entry into the GB Variety List or the NI Variety List”;

(ii) in sub-paragraph (4) for “relevant National List” substitute “GB Variety List, NI Variety List or an equivalent list of a country granted equivalence”;

(iii) omit sub-paragraphs (7) and (8);]

[F25 (g) in paragraph 11(2), for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;]

(h) in paragraph 12—

(i) the existing text becomes sub-paragraph (1);

(ii) in sub-paragraph (1)—

(aa) in the words before paragraph (a), omit “been authorised for cultivation under either”;

(bb) in paragraph (a), at the beginning, insert “ before the day on which [F26 IP completion day] falls, been authorised under ”, and, at the end, omit “or”;

(cc) in paragraph (b), at the beginning, insert “ been authorised under ”, and, at the end, insert “ , or ”;

(dd) after paragraph (b), insert—

“(c) been authorised under the GMO Regulations.

(2) For the purpose of paragraph (1), “the GMO Regulations” means—

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

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

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

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

(i) in paragraph 13—

(i) in sub-paragraph (1), for “another European Single Market State or third country” substitute “ a country granted equivalence ”;

(ii) in sub-paragraph (3)—

(aa) omit paragraph (a);

(bb) in paragraph (b), omit “if the seed is from a third country”;

(cc) in the words after paragraph (b), omit “in both cases ”;

(j) omit paragraph 14 and its heading;

(k) in paragraph 15(3), for “Council Directive 2002/55/EC on the marketing of vegetable seed” substitute “ these Regulations ”;

[F27 (l) omit paragraph 16;]

(m) in paragraph 17—

(i) in the heading and, in sub-paragraph (1), in the words before paragraph (a), for “third country” substitute “ country granted equivalence ”;

(ii) in sub-paragraph (1)(a)(i), for the words from “a European Single Market State” to the end, substitute “ the United Kingdom, a Crown Dependency (provided such seed has been produced under legislation recognised by the Secretary of State to have equivalent effect to these Regulations) or a country granted equivalence ”;

(iii) for sub-paragraph (1)(a)(ii), substitute—

“(ii) the crossing of basic seed officially certified in the United Kingdom or a Crown Dependency (provided such seed has been produced under legislation recognised by the Secretary of State to have equivalent effect to these Regulations) with basic seed certified in a country granted equivalence;”;

[F28 (n) in paragraph 18, for “United Kingdom National List or Common Catalogue” substitute “GB Variety List”;]

Textual Amendments

F1 Reg. 7(2) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(a)

F2 Reg. 7(3) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(b)

F3 Reg. 7(4) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(c)

F4 Reg. 7(5) omitted (31.12.2020 immediately before IP completion day) by virtue of 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), 29(5)(d)

F5 Reg. 7(6) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(e)

F6 Reg. 7(9)(a) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(f)(i)

F7 Reg. 7(9)(aa) inserted (31.12.2020 immediately before IP completion day) 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), 29(5)(f)(ii)

F8 Words in reg. 7(9)(b) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(f)(iii)

F9 Reg. 7(9)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of 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), 29(5)(f)(iv)

F10 Words in reg. 7(11) inserted (31.12.2020 immediately before IP completion day) 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), 29(5)(g)(i)

F11 Words in reg. 7(11) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(g)(ii)(aa)

F12 Words in reg. 7(11) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(g)(ii)(bb)

F13 Reg. 7(12) omitted (31.12.2020 immediately before IP completion day) by virtue of 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), 29(5)(h)

F14 Words in reg. 7(13)(a)(iii) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(i)

F15 Reg. 7(13)(e) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(i)(ii)

F16 Word in reg. 7(14)(c)(i) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(j)(i)

F17 Reg. 7(14)(e) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(j)(ii)

F18 Word in reg. 7(14)(g) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(j)(iii)

F19 Word in reg. 7(14)(j) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(j)(iii)

F20 Reg. 7(15)(d)(ai) inserted (31.12.2020 immediately before IP completion day) 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), 29(5)(k)(i)(aa)

F21 Words in reg. 7(15)(d)(i) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(k)(i)(bb)

F22 Word in reg. 7(15)(e)(ii) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(k)(ii)

F23 Reg. 7(15)(ea) inserted (31.12.2020 immediately before IP completion day) 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), 29(5)(k)(iii)

F24 Reg. 7(15)(f) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(k)(iv)

F25 Reg. 7(15)(g) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(k)(v)

F26 Words in reg. 7(15)(h)(ii)(bb) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(k)(vi)

F27 Reg. 7(15)(l) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(k)(vii)

F28 Reg. 7(15)(n) substituted (31.12.2020 immediately before IP completion day) 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), 29(5)(k)(viii)

Commencement Information

I1 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(b)

Marginal Citations

M1 S.I. 2011/463, amended by S.I. 2011/2992, 2012/3035, 2016/613, 2017/288.

M2 1964 c. 14.

M3 S.I. 2002/2443, as amended by S.I. 2004/2411, 2005/2759, 2009/1892, 2018/575.

M4 S.I. 2002/3188 (W. 304), amended by S.I. 2005/2759, 2013/755 (W. 90).

M5 S.S. I. 2002/541, amended by S.I. 2005/2759 and 2011/1043; and by S.S.I 2004/439, 2015/100.

M6 S. R. 2003 No. 167.