PART 3AMENDMENT OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION

The Marketing of Ornamental Plant Propagating Material Regulations 1999I111

1

The Marketing of Ornamental Plant Propagating Material Regulations 1999 M1 are amended as follows.

2

In regulation 2(1) (interpretation)—

a

omit the definitions of “Directive 98/56/EC”, F2... “Regulation 2100/94” and “third country”,

b

after the definition of “propagation” insert—

“responsible official body” means—

a

in relation to propagating material produced in Scotland, the Scottish Ministers,

b

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

c

in the definition of “supplier”—

i

for “from third countries”, substitute “ into the United Kingdom ”,

ii

after that definition omit “and”.

3

In regulation 3(2)(a) (marketing requirements and exceptions), for “to third countries” substitute “ from the United Kingdom ”.

F13A

In regulation 4 (quality requirements for propagating material)—

a

in paragraph (1)(d)—

i

for “Union” substitute “GB”,

ii

for “protected zone” substitute “PFA”,

b

in paragraph (2)—

i

after the definition of “the EU Plant Health Regulation” insert—

  • “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation,

ii

for the definition of “protected zone quarantine pest” substitute—

  • “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation,

iii

in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”,

iv

omit the definition of “Union quarantine pest”.

F34

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F45

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6

In regulation 11(1) (description of propagating material)—

F5a

in sub-paragraph (a), for “Community plant variety rights pursuant to Regulation 2100/94 or national” substitute “UK”,

b

in sub-paragraph (c)(iii), for the words from “Community plant variety rights” to the end substitute “plant breeders' right in respect of the variety under the Plant Varieties Act 1997 M2”.

7

In regulation 12 (propagating material produced in third countries)—

a

in the heading, for “in third countries” substitute “ outside the United Kingdom ”,

b

in paragraph (1)—

i

for “from a third country” substitute “ F6produced in a country outside of the United Kingdom ”,

ii

for “Directive 98/56/EC” substitute “ these Regulations ”,

c

in each of paragraphs (2) and (4)—

i

insert at the beginning, “ Subject to paragraph (5), ”,

ii

omit “from a third country”,

d

after paragraph (4) insert—

5

Paragraphs (2) and (4) do not apply to suppliers importing propagating material produced—

F7a

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b

in the Channel Islands or the Isle of Man.

8

In schedule 1 (information to appear on a supplier's label or other document)—

a

in paragraph 1, for “EC” substitute “ UK ”,

b

omit paragraph 2,

c

in paragraph 3, at the end insert “ and its abbreviated country code ”,

d

in paragraph 10, for “from a third country” substitute “ into the United Kingdom ”.