Amendment of regulation 3 of the principal Regulations
4.—(1) In regulation 3(1) (interpretation)–
(a)the following definitions shall be inserted in the appropriate places:–
““the Ministers” means the Scottish Ministers;”;
““genetically modified” has the same meaning as for the purposes of Council Directive 90/220/EEC(1) on the deliberate release into the environment of genetically modified organisms;”;
(b)the definition of “marketing” and “the Minister” shall be omitted; and
(c)for the definition of “official examination” there shall be substituted–
“official examination” means–
“(a)in relation to seed produced in the United Kingdom, an examination or a test carried out by or on behalf of the Ministers, the Minister of Agriculture, Fisheries and Food, the National Assembly for Wales or the Department of Agriculture and Rural Development; or
(b)in relation to seed produced elsewhere than the United Kingdom, an examination or a test approved by the Ministers;”.
(2) After paragraph (3) regulation 3 there shall be inserted–
“(3A) For the purposes of these Regulations, seeds–
(a)produced and packaged in a Member State other than the United Kingdom;
(b)accompanied by a document issued by a competent authority concerned with the certification of vegetable seeds in that Member State containing the information specified at paragraph C(b) of Part I of Schedule 6; and
(c)in respect of which an application has been made for a breeder’s confirmation under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation.
(3B) For the purposes of these Regulations, seeds–
(a)produced and packaged in a Member State other than the United Kingdom;
(b)accompanied by a document issued by a competent authority concerned with the certification of vegetable seeds in that Member State containing the information specified (in respect of packages of seed not finally certified) at paragraph C(b) of Part I of Schedule 6; and
(c)in respect of which an application has been made for an official certificate under these Regulations,
shall be deemed to be seeds produced from seeds issued with such a breeder’s confirmation or an official certificate.
(3C) For the purposes of these Regulations, seeds–
(a)produced and packaged in a Member State other than the United Kingdom;
(b)labelled in accordance with the requirements of regulation 9; and
(c)in the case of a small package of seeds, sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than a small package of seeds, sealed by a competent authority concerned with the certification of vegetable seeds in that Member State,
shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above.”
(3) After paragraph 4 of regulation 3 there shall be inserted–
“(5) In these Regulations “marketing” means–
(a)selling, holding with a view to sale and offering for sale; and
(b)any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,
whether or not for consideration; and “market” and “marketed” shall be construed accordingly.
(6) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations, shall not be treated as marketing of seed of that variety–
(a)the supply of seed to official testing and inspection bodies; or
(b)the supply of seed to any person for the purpose of processing or packaging the seed provided he does not acquire title to the seed supplied.”.
O.J. No. L 117, 8.5.90, p.15; as last amended by Commission Decision 98/294/EC O.J. No. L 131, 5.5.98, p.33.