EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Marketing of Ornamental Plant Propagating Material Regulations 1999 (S.I. 1991/1801) (“the principal Regulations”). The principal Regulations implemented Council Directive 98/56/EC on the marketing of propagating material of ornamental plants (OJ L 226, 13.8.98, p.16). These Regulations amend the principal Regulations in order to fully transpose that Directive. They also transpose Commission Implementing Directive (EU) 2018/484 (OJ L 81, 23.3.2018, p.10) and update out of date references to domestic legislation and EU instruments.

Regulation 3 makes, in particular, the following amendments to the principal Regulations:

  • replaces references to Council Directive 77/93/EEC (OJ L 26, 31.1.77, p.20) with references to Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1);

  • replaces references to the Plant Health (Great Britain) Order 1993 (S.I. 1993/1320) with references to the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613); and

  • inserts a new regulation 6A providing for additional requirements to be met when marketing propagating material of the Palmae family of the genera and species listed in schedule 2 (which is also inserted by these Regulations).

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.