The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

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InterpretationS

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2.—(1) In these Regulations—

“accompanying document” has the meaning given in regulation 9(3);

“basic material” means propagating material which—

(a)

is intended for the production of certified material;

(b)

has been produced in a vegetative way from pre-basic material; and

(c)

has been officially certified as basic material;

“body corporate” includes a limited liability partnership;

“breeder's reference” means the reference allocated to a breeder following an application for plant variety rights;

“CAC material” means Conformitas Agraria Communitatis material which—

(a)

in relation to propagating material and fruit plants produced in Scotland, is material and plants that meet the requirements for CAC material in schedule 3; and

(b)

[F1in relation to propagating material and fruit plants produced—

(i)

in any other part of the United Kingdom, is material and plants that meet the requirements of the relevant fruit marketing regulations;

(ii)

in a Crown Dependency or a country granted equivalence, is material and plants that meet the requirements in legislation recognised by the Scottish Ministers as having equivalent effect to schedule 3;]

“category”, in relation to plant material, means pre-basic material, basic material, certified material or CAC material;

“certified material” means—

(a)

propagating material which—

(i)

is intended for the production of fruit plants;

(ii)

has been produced in a vegetative way from basic material or pre-basic material or, if intended to be used for the production of rootstocks, by certified seeds from basic or certified material of rootstocks; and

(iii)

has been officially certified; or

(b)

fruit plants which have been—

(i)

produced directly from pre-basic material, basic material or certified material; and

(ii)

officially certified;

“Council Directive 2008/90/EC” means Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production [F2, as last amended by Commission Implementing Decision (EU) 2019/120];

“Commission Implementing Directive 2014/96/EU” means Commission Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC [F3, as last amended by Commission Implementing Directive (EU) 2019/1813];

“Commission Implementing Directive 2014/97/EU” means Commission Implementing Directive 2014/97/EU implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties M1;

“Commission Implementing Directive 2014/98/EU” means Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections [F4, as last amended by Commission Implementing Directive (EU) 2020/177];

[F5“country granted equivalence” means a country that has been assessed by Scottish Ministers as producing plant material under conditions equivalent to those required by these Regulations;]

[F5“Crown Dependency” means the Isle of Man or any of the Channel Islands;]

“Directive 2001/18/EC” means Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC [F6, as last amended by Regulation (EU) 2019/1381];

[F7“ the EU Plant Health Regulation ” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;]

“fruit plants” means plants of the genera and species listed in schedule 1 and their hybrids which are intended to be planted or replanted, after marketing;

[F8“ the fruit marketing regulations ” means—

(a)

as regards England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017;

(b)

as regards Wales, the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017;

(c)

as regards Northern Ireland, the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017; and “the relevant fruit marketing regulations”, in relation to any constituent part of the United Kingdom, means the fruit marketing regulations applicable in relation to that part;]

“genetically modified organism” has the meaning given in Article 2 of Directive 2001/18/EC;

“[F9the GMO regulations” means—

(a)

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

(b)

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

(c)

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

(d)

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

“inspector” means a person appointed by the Scottish Ministers under regulation 18;

“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;

“marketing” means the sale, holding with a view to sale, offer for sale or any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties whether or not for consideration;

“official description” means the description of a variety provided on—

(a)

registration in respect of a registered variety; or

(b)

the grant of plant variety rights;

“official inspection” has the meaning given in paragraph 1 of schedule 2;

“official label”—

(a)

in the case of pre-basic material, basic material or certified material originating in Scotland, means a label issued or approved by the Scottish Ministers which has not previously been used and which meets the requirements of the relevant paragraphs of Part 1 of schedule 5;

(b)

[F10in the case of pre-basic material, basic material or certified material originating—

(i)

in any other part of the United Kingdom, means a label issued or approved by the responsible official body and which meets the applicable requirements in relation to that material contained in the relevant fruit marketing regulations;

(ii)

in a Crown Dependency or a country granted equivalence, means a label issued or approved by the responsible official body and which meets the applicable requirements in relation to that material contained in legislation recognised by the Scottish Ministers as having equivalent effect to the relevant paragraphs of Part 1 of schedule 5;]

“officially certified”—

(a)

in the case of plant material originating in Scotland, means certified by the Scottish Ministers in accordance with the relevant provisions of schedule 2;

(b)

[F11in the case of plant material originating—

(i)

in any other part of the United Kingdom, means certified in accordance with the relevant fruit marketing regulations;

(ii)

in a Crown Dependency or a country granted equivalence, means certified in accordance with legislation recognised by the Scottish Ministers as having equivalent effect to the relevant provisions of schedule 2;]

“officially recognised description” means a description of the key morphological features that enable a variety F12... to be identified;

“plant material” means the plants and materials described in regulation 3(1);

“plant variety rights” means rights granted under Part 1 of the Plant Varieties Act 1997 F13... [F14or domestic legislation in countries or territories, other than those forming part of the United Kingdom, that affords plant variety protection in accordance with UPOV];

“pre-basic material” means propagating material which—

(a)

has been produced, according to generally accepted methods, for the maintenance of the identity of the variety including the relevant pomological characteristics and for the prevention of diseases;

(b)

is intended for the production of basic or certified material; and

(c)

has been officially certified as pre-basic material;

“propagating material” means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants;

“registered variety” means a variety which is—

(a)

registered in Scotland accordance with schedule 4; or

(b)

[F15in the case of varieties registered in any other part of the United Kingdom, means registered in accordance with the relevant fruit marketing regulations;]

“Regulation (EC) No 1829/2003” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed [F16, as last amended by Regulation (EU) 2019/1381];

[F17“responsible official body” means—

(a)

in relation to plant material produced in Scotland, the Scottish Ministers;

(b)

in relation to plant material produced in a country or territory outside Scotland, the body responsible for the quality of plant material in that country or territory;]

[F18“RNQP” means a [F19GB] regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation;]

“third country” means a country [F20outside the United Kingdom];

“supplier” means a person who is involved professionally in the reproduction, production, preservation, treatment, importation or marketing of plant material;

“supplier's document” means a document that meets the requirements of Part 2 of schedule 5;

[F21“UPOV” means the International Union for the Protection of New Varieties of Plants, being an intergovernmental organisation established by the International Convention for the Protection of New Varieties of Plants;]

“variety” means a plant grouping within a single botanical taxon of the lowest known rank, which can be—

(a)

defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;

(b)

distinguished from any other plant grouping by the expression of at least one of those characteristics; and

(c)

considered as an entity in view of its ability to be propagated unchanged; and

“working day” means a day which is not a Saturday, Sunday, a bank holiday in Scotland (as specified in section 1 and paragraph 2 of schedule 1 of the Banking and Financial Dealings Act 1971 M2) or other public holiday.

(2) Except in the context of accompanying documents, official labels and supplier's documents, any reference to writing in these Regulations includes an electronic communication within the meaning of section 15(1) (general interpretation) of the Electronic Communications Act 2000 M3.

(3) Any other words or expressions used in these Regulations that are also used in Council Directive 2008/90/EC have the meaning they bear in that Directive.

Textual Amendments

F1Words in reg. 2(1) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 18(2)(a) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 18(2)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)