The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020

The Seed Potato (Wales) (Amendment) (EU Exit) Regulations 2019

2.—(1) The Seed Potato (Wales) (Amendment) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 1—

(a) in paragraph (2), omit “, apart from regulations 3 and 4,”;

(b) omit paragraph (3).

(3) In regulation 2—

(a) in paragraph (2)—

(i) in sub-paragraphs (a), (c), (d), (i), (j), (k) and (o)—

(aa) in the new sub-paragraph (ii) to be inserted by each of those sub-paragraphs, after “Crown Dependency” insert “or a country granted equivalence”;

(bb) omit the new sub-paragraph (iii) to be inserted by each of those sub-paragraphs;

(ii) in sub-paragraph (b), for “in accordance with the Swiss trade agreement” substitute “from “(or, in relation” to the end”;

(iii) in sub-paragraph (d), for the new sub-paragraph (i) to be inserted by that sub-paragraph substitute—

“(i) in the case of seed potatoes produced in England, Part 1 of Schedule 2 to the Seed Potatoes (England) Regulations 2015(2);”;

(iv) in sub-paragraphs (e), (f) and (n), for the words before the new definitions to be inserted by those sub-paragraphs substitute “in paragraph (1), at the appropriate place insert—”;

(v) in sub-paragraph (g), for the new definition of “grade” to be inserted by that sub-paragraph substitute—

““grade” (“gradd”) includes the GB grade;”;

(vi) for sub-paragraph (h) substitute—

“(h) omit the definition of “National List”;”;

(vii) in sub-paragraph (l), in the new definition of “seed potatoes of a conservation variety” to be inserted by that sub-paragraph, for “National List” substitute “GB Variety List”;

(viii) in sub-paragraph (m), for “in paragraph (b) omit “other than the United Kingdom””

“ substitute omit paragraphs (b) and (c) and, at the end insert—

“or

(b) seed potatoes produced in a country granted equivalence;””;

(ix) in sub-paragraph (p), in the new definition of “Union grade” to be inserted by that sub-paragraph, for “a member State or Switzerland” substitute “Northern Ireland”;

(x) for sub-paragraph (q) substitute—

“(q) in paragraph (1), at the appropriate places insert—

““country granted equivalence” (“gwlad y caniatawyd cywerthedd iddi”) means a country that has been assessed by the Welsh Ministers that seed potatoes from that country are produced under conditions equivalent to the requirements of these Regulations;”;

““equivalent grade” (“gradd gyfatebol”) means—

(a)

for Northern Ireland, an equivalent Union grade;

(b)

for a Crown Dependency or a country granted equivalence, a grade recognised by the Welsh Ministers as being equivalent to a GB grade;”;

““equivalent Union grade” (“gradd Undeb gyfatebol”) means—

(a)

for “GB Grade PBTC”, “Union grade PBTC”;

(b)

for “GB Grade PB”, “Union grade PB”;

(c)

for “GB Grade S”, “Union grade S”;

(d)

for “GB Grade SE”, “Union grade SE”;

(e)

for “GB Grade E”, “Union grade E”;

(f)

for “GB Grade A”, “Union grade A”;

(g)

for “GB Grade B”, “Union grade B”;”;

““GB grade” (“gradd Prydain Fawr”) means—

(a)

in relation to seed potatoes produced in Wales, the GB grade determined in accordance with Schedule 4 during certification, this being—

(i)

in the case of pre-basic seed potatoes, GB grade PBTC or GB grade PB;

(ii)

in the case of basic seed potatoes, GB grade S, GB grade SE or GB grade E;

(iii)

in the case of certified seed potatoes, GB grade A or GB grade B;

(b)

in relation to seed potatoes produced in England or Scotland, the GB grade determined in accordance with the relevant seed potatoes regulations;”;

““GB Variety List” (“Rhestr Amrywogaethau Prydain Fawr”) means a list of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations;”;”;

(xi) for sub-paragraph (r) substitute—

“(r) omit paragraph (2);”;

(b) for paragraph (3) substitute—

“(3) In regulation 4, for “the European Union” substitute “Great Britain”.”;

(c) in paragraph (4)—

(i) in the English language text, after “accordance with”, in the first place where it occurs, insert “to the end substitute”;

(ii) in the new paragraph (ii), after “Crown Dependency” insert “or a country granted equivalence”;

(iii) omit the new paragraph (iii) to be inserted by that paragraph;

(d) in paragraph (5)—

(i) before sub-paragraph (a) insert—

“(za) in paragraph (1)(a), for “National List” substitute “GB Variety List”;”;

(ii) in sub-paragraph (b), in the new paragraph (3A), for “the United Kingdom”, in each place where it occurs, substitute “Great Britain”;

(e) in paragraph (6), in the new sub-paragraph (c) to be inserted by that paragraph, for “exit day” substitute “implementation period completion day”;

(f) in paragraph (7)—

(i) in sub-paragraph (a)—

(aa) in paragraph (i), for “the United Kingdom” substitute “Great Britain”;

(bb) in paragraph (ii), in the new sub-paragraph (iii) to be inserted by that paragraph, for “exit day” substitute “implementation period completion day”;

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

“(b) in paragraph (6)(b), for “National List or the Common Catalogue” substitute “GB Variety List”;”;

(g) in paragraphs (8) and (9)—

(i) in the new paragraph (ii) to be inserted by those paragraphs, after “Crown Dependency” insert “or a country granted equivalence”;

(ii) omit the new paragraph (iii) to be inserted by those paragraphs;

(h) for paragraph (10) substitute—

“(10) In regulation 16 and in the heading, for “European Union” substitute “British Islands”.”;

(i) in paragraph (11), in the new regulation 23A and its heading, to be inserted by that paragraph—

(i) for “exit day”, in each place where it occurs, substitute “implementation period completion day”;

(ii) after “official label for”, in the second place where it occurs, insert “basic seed potatoes or certified seed potatoes for”;

(j) for paragraph (12) substitute—

“(12) In Schedule 1—

(a) in paragraph 3(a), for “National List or the Common Catalogue” substitute “GB Variety List”;

(b) in paragraphs 5, 6 and 10, for “Union”, in each place where it occurs, substitute “GB”;

(c) in paragraph 8(b)—

(i) in the English language text, for “Union”, in each place where it occurs, substitute “GB”;

(ii) in the Welsh language text—

(aa) in paragraph (i), after “gradd S” insert “Prydain Fawr”;

(bb) in paragraph (ii), after “gradd SE” insert “Prydain Fawr”; and

(cc) in paragraph (iii), after “gradd E” insert “Prydain Fawr”.”;

(k) in paragraph (13)—

(i) in sub-paragraph (b)(i), for “UK” substitute “GB”;

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

“(c) in paragraph 8(b)—

(i) in paragraph (i), for “member State” substitute “country”;

(ii) in paragraph (vi), for “a National List” substitute “a GB Variety List”;”;

(iii) in sub-paragraphs (d)(ii) and (e), for “UK” substitute “GB”;

(l) in paragraph (14)(a) and (b), for “UK” substitute “GB”;

(m) in paragraph (16)—

(i) in sub-paragraph (a), for “United Kingdom” substitute “GB”;

(ii) in sub-paragraph (b)(i), for “UK” substitute “GB”;

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

“(ii) in the row relating to grade “PB” in column 2, in paragraph (1)(b), for “Union grade PB” substitute “GB grade PB or equivalent grade”;”;

(n) in paragraph (17)—

(i) in sub-paragraph (a), for “United Kingdom” substitute “GB”;

(ii) in sub-paragraph (b)(i), for “UK” substitute “GB”;

(iii) for sub-paragraph (b)(ii) to (iv) substitute—

“(ii) in the row relating to grade “S”, in column 2, in paragraph (1)(a), for “Union grade S” substitute “GB grade S or equivalent grade”;

(iii) in the row relating to grade “SE”, in column 2, in paragraph (1)(a), for “Union grade S or Union grade SE” substitute “GB grade S, GB grade SE or equivalent grade”;

(iv) in the row relating to grade “E”, in column 2—

(aa) in paragraph (1)(a), for “Union grade S or Union grade SE” substitute “GB grade S, GB grade SE or equivalent grade”;

(bb) in paragraph (1)(b), for “Union grade S, Union grade SE or Union grade E” substitute “GB grade S, GB grade SE, GB grade E or equivalent grade.”;

(o) for paragraph (18) substitute—

“(18) In Part 3, in Table 3—

(a) in the heading to column 1, for “Union” substitute “GB”;

(b) in column 2, for “Union grade A”, in both places where it occurs, substitute “GB grade A or equivalent grade”;

(c) in column 2, for “Union grade B” substitute “GB grade B or equivalent grade.”

(4) Omit regulations 3 and 4.

(1)

S.I. 2019/738 (W. 141), prospectively amended by S.I. 2019/1281 (W. 225), regulation 5: that regulation is being omitted by these Regulations.

(2)

S.I. 2015/1953, amended by S.I. 2017/288, S.I. 2019/472, S.I. 2019/1517 and prospectively amended by S.I. 2019/809.