The Seed Potatoes (Wales) Regulations 2016

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Interpretation: general

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Plant Varieties and Seeds Act 1964;

“authorised officer” (“swyddog awdurdodedig”) means an officer of the Welsh Ministers or a person authorised by the Welsh Ministers for any purpose in connection with these Regulations;

“basic seed potatoes” (“tatws hadyd sylfaenol”) means—

(a)

in relation to seed potatoes produced in Wales, seed potatoes intended mainly for the production of certified seed potatoes and which have been certified as basic seed potatoes in accordance with regulation 10;

(b)

in relation to seed potatoes produced outside Wales, seed potatoes brought into Wales in a package or container bearing an official label [F1, stating that the potatoes were certified as basic seed potatoes and the grade, in accordance with—

(i)

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)

in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Welsh Ministers as having equivalent effect to paragraphs 2, 5, 7, 9, 10 and 11 of Part 1 of Schedule 2;]

“category” (“category”) means the category of pre-basic seed potatoes, basic seed potatoes, or certified seed potatoes F2...;

“certification” (“ardystio”), and “certified” (“ardystiedig”) is to be construed accordingly, means—

(a)

in relation to seed potatoes produced in Wales, certification in accordance with regulation 10; and

(b)

in relation to seed potatoes produced outside Wales, certification by the Certification Authority [F3in accordance with—

(i)

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)

in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Welsh Ministers as having equivalent effect to regulation 10(2) and (3);]

“Certification Authority” (“Awdurdod Ardystio”) means the authority concerned with the certification of seed potatoes in the country or territory where the seed potatoes were produced;

“certified seed potatoes” (“tatws hadyd ardystiedig”) means—

(a)

in relation to seed potatoes produced in Wales, seed potatoes intended mainly for the production of potatoes other than seed potatoes and which have been certified (as certified seed potatoes) in accordance with regulation 10;

(b)

in relation to seed potatoes produced outside Wales, seed potatoes brought into Wales in a package or container bearing an official label [F4, stating that the potatoes were certified as certified seed potatoes and the grade, in accordance with—

(i)

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

(ii)

“Common Catalogue” (“Catalog Cyffredin”) means the common catalogue of varieties of species of agricultural plants published in the Official Journal of the European Union;

[F5“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;]

[F6“Crown Dependency” (“Tiriogaeth Ddibynnol y Goron”) means the Isle of Man and any of the Channel Islands;]

[F5“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;]

“genetically modified” (“wedi ei addasu’n enetig”) has the same meaning as in the Deliberate Release Directive;

[F7“the GMO regulations” (“y Rheoliadau GMO”) means—

(a)

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

(b)

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

(c)

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

(d)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;]

[F8“grade” (“gradd”) includes the GB grade;]

“growing crop certificate” (“tystysgrif cnwd sy’n tyfu”) means a growing crop certificate issued by the Welsh Ministers in accordance with Schedule 1;

“lot” (“lot”) means a consignment or an identifiable part of a consignment which is recorded and listed as a separate item in an invoice, delivery note or other document provided in accordance with regulation 17;

“marketing” (“marchnata”) means—

(a)

selling, holding with a view to sale or offering for sale, or

(b)

any disposal, supply or transfer for the purpose of commercial exploitation of seed potatoes to third parties,

whether or not for consideration, and for these purposes “commercial exploitation” (“defnydd masnachol”) is not to be taken to include the supply of seed potatoes to official testing and inspection bodies, or the supply of seed potatoes to any person for the purpose of processing or packaging them provided that person does not acquire title to the seed potatoes supplied, and “market” (“marchnata”) and “marketed” (“marchnata”) are to be construed accordingly;

F9...

“the National Lists Regulations” (“y Rheoliadau Rhestrau Cenedlaethol”) means the Seeds (National Lists of Varieties) Regulations 2001(1);

[F10“the Official Controls (Plant Health) Regulations” (“y Rheoliadau Rheolaethau Swyddogol (Iechyd Planhigion)”) means the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020;]

“official document” (“dogfen swyddogol”) means—

(a)

for seed potatoes produced in Wales, a document issued or approved by the Welsh Ministers which meets the requirements of Part 2 of Schedule 2;

(b)

for seed potatoes produced outside Wales, a document issued or approved by the Certification Authority in the country or territory where the seed potatoes were produced which meets the [F11requirements of—

(i)

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)

in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Welsh Ministers as having equivalent effect to the requirements of Part 2 of Schedule 2;]

“official examination” (“archwiliad swyddogol”) means an examination or inspection conducted by an authorised officer, including one conducted by way of sample;

“official label” (“label swyddogol”) means—

(a)

for seed potatoes produced in Wales, a label issued or approved by the Welsh Ministers, which has not been previously used and which meets the requirements of Part 1 of Schedule 2;

(b)

for seed potatoes produced outside Wales, a label issued or approved by the Certification Authority in the country or territory where the seed potatoes were produced, which meets, as appropriate to the seed potatoes to which the label relates, the [F12requirements of—

(i)

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)

“package or container” (“pecyn neu gynhwysydd”) means—

(a)

any package which has not been previously used for any purpose and is capable of being closed and sealed; or

(b)

any container which has not been previously used for any purpose or which, since having been previously used, has been cleaned and disinfected, provided that the use of any container in respect of seed potatoes produced in Wales is subject to the approval of the Welsh Ministers;

“potato” (“taten”) means any tuber or part of a tuber or any plant or part of a plant of Solanum tuberosum L or other tuber-forming species or hybrids of Solanum;

“pre-basic seed potatoes” (“tatws hadyd cyn-sylfaenol”) means—

(a)

in relation to seed potatoes produced in Wales, seed potatoes intended mainly for the production of basic seed potatoes and which have been certified as pre-basic seed potatoes in accordance with regulation 10;

(b)

in relation to seed potatoes produced outside Wales, seed potatoes brought into Wales in a package or container bearing an official label [F13, stating that the potatoes were certified as pre-basic seed potatoes and the grade, in accordance with—

(i)

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)

“seed potatoes” (“tatws hadyd”) means—

(a)

potatoes which bear that description or any description indicating their suitability for planting and propagation and which are capable of being used for planting and propagation; or

(b)

any potatoes that are intended to be used for planting and propagation;

[F14“seed potatoes of a conservation variety” (“tatws hadyd o amrywogaeth gadwraeth”) means any variety of seed potatoes listed as a conservation variety in the GB Variety List;]

“seed potatoes produced outside Wales” (“tatws hadyd a gynhyrchir y tu allan i Gymru”) means—

(a)

seed potatoes produced in any part of the British Islands other than Wales; [F15or

(b)

seed potatoes produced in a country granted equivalence;]

[F16“the seed potatoes regulations” (“y rheoliadau tatws hadyd”) means—

(a)

in relation to England, the Seed Potatoes (England) Regulations 2015;

(b)

in relation to Scotland, the Seed Potatoes (Scotland) Regulations 2015;

(c)

in relation to Northern Ireland, the Seed Potatoes Regulations (Northern Ireland) 2016;

and “the relevant seed potatoes regulations”(“y rheoliadau tatws hadyd perthnasol”), in relation to any constituent part of the United Kingdom, means the seed potatoes regulations applicable in relation to that part;]

“test and trial seed potatoes” (“tatws hadyd sydd i’w profi a’u treialu”) means—

(a)

in relation to seed potatoes produced in Wales, seed potatoes which have been authorised by the Welsh Ministers in accordance with regulation 9;

(b)

in relation to seed potatoes produced outside Wales, seed potatoes brought into Wales in a package or container which bears an official label in [F17accordance with—

(i)

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)

[F18“Union grade” (“gradd yr Undeb”) means, in relation to seed potatoes produced in Northern Ireland —

(a)

in the case of pre-basic seed potatoes, Union grade PBTC or Union grade PB, the minimum conditions for which are set out in Articles 2 and 3 of, and Annex 1 to, Directive 2014/21/EU;

(b)

in the case of basic seed potatoes, Union grade S, Union grade SE, or Union Grade E, the minimum conditions for which are set out in Article 1 of, and Annex 1 to, Directive 2014/20/EU;

(c)

in the case of certified seed potatoes, Union grade A or Union grade B, the minimum conditions for which are set out in Article 2 of, and Annex 2 to, Directive 2014/20/EU;]

F19(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any reference in these Regulations to a tolerance in relation to seed potatoes comprised in a sample is to be construed—

(a)in relation to a tolerance for any disease or pest, damage and defect specified in Schedule 3, as a reference to the proportion of the weight of seed potatoes in the sample affected by the disease or pest, damage and defect, or any combination of such disease or pest, damage and defect, in relation to the total weight of the sample, expressed as a percentage;

(b)in relation to a tolerance for dirt or other extraneous matter specified in Schedule 3, as a reference to the proportion of the weight of such matter in relation to the total weight of the sample, expressed as a percentage;

(c)in relation to a tolerance for a deviation or disease specified in the tables in Schedule 4, as a reference to the number of plants of seed potatoes affected by the deviation or disease in relation to the total number of plants in the sample, expressed as a percentage.

F20(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 2(1) substituted (31.12.2020) by The Seed Potatoes (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/738), regs. 1(2), 2(2)(a) (as amended by S.I. 2020/1573, regs. 1(2)(b), 2(3)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)