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

The Beet Seed (Scotland) (No. 2) Regulations 2010I115

1

The Beet Seed (Scotland) (No. 2) Regulations 2010 M1 are amended as follows.

2

In regulation 2 (interpretation)—

a

in paragraph (1)—

i

at the end of the definition of “additional region”, insert “, with Article 11(1) of that Directive being read as if for the reference to “ Member States ” in each place where it occurs and for “the Member States” there were substituted “ the Scottish Ministers ”,

F1ii

in the definition of “breeder”—

aa

in sub-paragraph (a), for “UK National List or the Common Catalogue” substitute “GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence”,

bb

in sub-paragraph (b), for “UK National List or in the Common Catalogue” and “UK National List or Common Catalogue” substitute “GB Variety List, NI Variety List or equivalent list in a country granted equivalence”,

iia

in the definition of “breeder’s designation”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

F2iii

omit the definitions of “Common Catalogue” and “the Common Catalogue Directive”,

iiia

in the definition of “Conservation Variety”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

F3iv

in the definition of “control plot”, for “European Authority” in both places it occurs substitute “GB Authority or the NI Authority”,

v

after the definition of “control plot” insert—

F4“country granted equivalence” means a country that has been—

a

granted equivalence under the Equivalence Decision; or

b

assessed by Scottish Ministers as producing the species of seed referred to in regulation 4 under conditions equivalent to those required by these Regulations;

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

F5va

for the definition of “Department of Agriculture and Rural Development” substitute—

  • “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

vb

omit the definition of “EEA State”,

F6vi

omit the definition of “European Authority”,

vii

omit the definition of “by a European Authority”,

F7viii

in the definition of “fully certified”—

aa

in sub-paragraph (b), for “a European” substitute “an International”,

bb

in the text after sub-paragraph (b), for the words “either in” to the end substitute “Part 1 of schedule 4;”,

F8ix

after the definition of “genetically modified” insert—

  • “the GMO Regulations” means—

    1. a

      in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M2;

    2. b

      in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M3;

    3. c

      in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M4;

    4. d

      in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M5;

  • “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales;

  • “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;

ixa

after the definition of “homogenous seed lot” insert—

  • “International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority“ means–

    1. a

      by or on behalf of a GB Authority;

    2. b

      by or on behalf of the NI Authority; or

    3. c

      by or on behalf of the competent seed certification authority of a country other than the United Kingdom;

ixb

in the definitions of “licensed crop inspector”, “licensed seed sampler” and “licensed seed testing station”, for sub-paragraph (b) substitute—

b

granted under provisions equivalent to that regulation by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority;

F9x

omit the definition of “licensed EU crop inspector”,

xa

omit the definition of “National Authority”,

xb

after the definition of “natural seed” insert—

  • “NI Authority” means DAERA;

  • “NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;

xc

in the definitions of “official control”, “official label”, “official seal” and “official sticker”, for “a European Authority” substitute “an International Authority”,

xd

in the definition of “official examination”, in sub-paragraphs (a)(i) and (b)(i), for “the Scottish Ministers or a European Authority” substitute “an International Authority”,

xe

in the definition of “official field inspection”—

aa

in sub-paragraph (a), for “a European Authority” substitute “an International Authority”,

bb

in sub-paragraph (b), omit the words “or a licensed EU crop inspector”,

xf

in the definition of “official post control”, for “the relevant European Authority” substitute “an International Authority”,

xg

in the definition of “official post control the results of which have been satisfactory”—

aa

for “the relevant European Authority” substitute “an International Authority”,

bb

for sub-paragraph (a)(ii) substitute—

ii

in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4;

xh

for the definition of “registered or licensed number” substitute—

  • “registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provision equivalent to that regulation by—

    1. a

      a GB Authority other than the Scottish Ministers; or

    2. b

      the NI Authority;

xi

in the definition of “region of origin”, insert at the end “, with Article 8.1 of Commission Directive 2008/62 being read as if—

a

in the first sub-paragraph—

i

for “a Member State accepts”, there were substituted “ the Scottish Ministers accept ”,

ii

for “it shall”, there were substituted “ they must ”,

iii

for “It shall”, there were substituted “ The Scottish Ministers must ”,

iv

for “Member States”, there were substituted “ Scottish Ministers ”,

b

the second sub-paragraph was omitted

xii

in the definition of “small EC package”, omit “EC”,

F10xiii

for the definition of “third country” substitute—

  • “third country” means any country or territory other than the British Islands;

xiv

omit the definition of “UK National List”,

b

in paragraphs (3) and (4)—

F11i

in sub-paragraph (a), for the words “either an” to the end substitute “a country granted equivalence”,

F12ii

in sub-paragraph (b), for the words “EEA state or third country” substitute “country granted equivalence”,

c

in paragraph (5)—

F13i

in sub-paragraph (a), for the words “either an” to the end substitute “a country granted equivalence”,

ii

in sub-paragraph (c)—

aa

omit “EC” in both places where it occurs,

F14bb

for the words “EEA state or third country” substitute “country granted equivalence”,

3

For regulation 4(2) (seed to which the Regulations apply) substitute M6—

2

These Regulations do not apply to seed intended for export outside the United Kingdom (other than regulation 14A (certification and labelling for export)).

4

In regulation 6 (marketing of seed)—

F15a

in paragraph (1)(b)(i), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List

b

in paragraph (2)(c), omit “or Annex I(A) (crop conditions) of the Beet Seed Directive”,

F16ba

in paragraph (4), for “a European” substitute “an International”,

c

in paragraph (5), for “a country which is not an EEA state” substitute “ outside the United Kingdom ”,

F17d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18e

in paragraph (6)—

i

omit “, by reason only of Article 3(2) (component varieties) of the Common Catalogue Directive,”,

ii

for “the UK National List” substitute “a GB Variety List or an NI Variety List”.

F195

In regulation 6A (importation from outside the European Union)—

a

in the heading, for “outside the European Union” substitute “a country granted equivalence”,

b

for “outside the European Union” substitute “a country granted equivalence”.

F206

For regulation 7(1) (general exemptions) substitute—

1

The Scottish Ministers may, by a general licence, authorise—

a

a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act; or

b

exemption from any provisions of these Regulations to the extent that the provisions of the general licence are—

i

necessary in order to overcome any temporary difficulties in the supply of basic or certified seed—

aa

by permitting the marketing of seed of a category subject to less stringent requirements, or of seed of a variety not included in a GB Variety List or an NI Variety List;

bb

for a specified period; and

cc

in quantities necessary to resolve the supply difficulties; or

ii

permitted by Commission Regulation 217/2006 or an authorisation granted thereunder.

1A

The duration of a temporary experiment referred to in paragraph (1)(a) must not exceed 7 years.

1B

When seed is marketed in accordance with paragraph (1)(b)(i), the following labelling requirements apply—

a

for a category of seed of any given variety, the official label must be that provided for the corresponding category;

b

for seed of varieties not included in a GB Variety List or an NI Variety List the colour of the official label must be brown;

c

the label must always state that the seed in question is of a category satisfying less stringent requirements.

7

In regulation 8 (exception for scientific purposes or selection work)—

a

for paragraph (1)(b) substitute—

F21b

an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority.

b

for paragraph (4) substitute—

4

The Scottish Ministers may only grant an authorisation under this regulation in respect of a genetically modified variety if the marketing and release of the genetically modified material by the applicant has been authorised—

a

before the day on which F22IP completion day falls, under Part C of the 2001 Deliberate Release Directive,

b

under the Food and Feed Regulation, or

c

under the GMO Regulations.

8

In regulation 9 (exception for test and trial seed)—

a

for paragraph (1) substitute—

1

Regulation 6(1) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with—

a

a tests and trials authorisation; or

F23b

an authorisation which has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority.

F24b

in paragraph (4)—

i

for sub-paragraph (a) substitute—

a

the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—

i

regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or

ii

the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;

ii

for sub-paragraph (b) substitute—

b

in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—

i

before the day on which IP Completion day falls, under Part C of the 2001 Deliberate Release Directive;

ii

under the Food and Feed Regulation; or

iii

under the GMO Regulations;

c

in paragraph (6), for “that permitted by Article 7 (quantities) of the 2004 Commission Decision” substitute “ the greater of 0.1% of the annual number of seeds used in the United Kingdom and such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares ”,

F25d

in paragraph (9), for “UK National List” to the end substitute “GB Variety List or an NI Variety List.”,

F26e

in paragraph (10), for “names of the EEA states” to the end substitute “location of the trials within the United Kingdom.”.

9

In regulation 10 (exception for Conservation Varieties), after paragraph (7) insert—

7A

For the purposes of paragraph (7), Article 14 of Commission Directive 2008/62 is to be read as if—

a

in the first paragraph—

i

“Each Member State shall ensure that,” was omitted,

ii

for “does not exceed”, there were substituted “ may not exceed ”,

iii

for “that Member State”, there were substituted “ F27Great Britain ”,

b

in the second paragraph—

i

for “each Member State”, there were substituted “ F27Great Britain ”,

ii

for “the Member State” in both places where it occurs, there were substituted “ F27Great Britain ”.

10

In regulation 11 (marketing of officially certified lower germination seed)—

a

in paragraph (1)—

i

in the words before sub-paragraph (a), omit “or Annex I (conditions for certification) of the Beet Seed Directive”,

ii

for sub-paragraph (b) substitute—

b

which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in Part II of Schedule 4 in relation to Basic Seed—

F28i

by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain; or

ii

by the NI Authority, in accordance with the applicable requirements in Northern Ireland; or

iii

for sub-paragraph (c)(ii) substitute—

ii

in the case of seed which has been fully certified as being Pre-Basic Seed or Basic Seed—

F29aa

by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain, irrespective of the findings of the GB Authority; or

bb

by the NI Authority, in accordance with the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.

F30b

in paragraph (3), for the words “from a country” to the end substitute “into Great Britain from a country granted equivalence.”.

11

In regulation 12 (marketing of early movement seed)—

F31a

in paragraph (1)—

i

in sub-paragraph (a), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

ii

for sub-paragraph (b) substitute—

b

i

any seed lot has, in order to make seed rapidly available, been certified by—

aa

a GB Authority other than the Scottish Ministers; or

bb

the NI Authority; and

ii

the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,

b

in paragraph (3)—

F32i

for “European Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,

ii

omit “or Annex I(B) of the Beet Seed Directive”,

F33c

in paragraph (4), for the words “from a country” to the end substitute “into Great Britain from a country granted equivalence.”.

12

In regulation 15 (official certificates)—

F34a

in paragraph (3), for “UK National List (or an equivalent list in another EEA State)” in both places where it occurs, substitute “GB Variety List or an NI Variety List,

b

in paragraph (4)(d) omit “or licensed EU crop inspector”.

F3513

In regulation 16 (breeder’s confirmations), in paragraphs (1)(c), (5) and (6), for the words “UK National List (or to an equivalent list in another EEA State)” in each place they occur substitute “GB Variety List or an NI Variety List”.

F3614

In regulation 17(1)(a) (sampling), for “a European” substitute “an International”.

15

In regulation 18 (sealing of packages of seed)—

F37a

for paragraph (2)(b) substitute—

b

sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

F38b

in paragraph (5)—

i

in the words before sub-paragraph (a), omit “EC”,

ii

in sub-paragraph (b), for “National Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,

c

in paragraph (6), omit “EC.

16

In regulation 19 (labelling of packages of seed)—

a

in paragraph (2)—

i

omit “EC”,

ii

for sub-paragraph (b) substitute—

F39b

where it is sealed in any other part of the United Kingdom, must—

i

be labelled in accordance with the applicable requirements for labelling in the relevant part of the United Kingdom in relation to the relevant category of seed, and

ii

contain an official document in accordance with the applicable requirements for official documents in the relevant part of the United Kingdom.

b

in paragraph (10), omit “EC”,

c

in paragraph (15), for “one of the official languages of the European Union” substitute “ English but may also be given in other languages ”.

17

Regulation 20 (comparative tests and trials) is omitted.

18

After regulation 23 (written and electronic communication) insert—

Certification in a Crown Dependency F40or a country granted equivalence23A

Any seed certified and labelled in a Crown Dependency F40or a country granted equivalence under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations may be marketed in Scotland.

Transitional provision for official labels on F41IP completion day23B

A label pre-printed before F41IP completion day which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for a package of Basic Seed, Certified Seed or Seed of a Conservation Variety, for the purposes of any use of that label before the end of the period of F42twelve months beginning with the day after the day on which F41IP completion day falls.

19

In schedule 1 (species and categories of beet seed), in Part II (categories of seed that may be marketed)—

F43a

in the definition of “Pre-basic Seed”, for paragraph 2(c)(ii) substitute—

ii

has been certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in sub-paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom.

F44b

in the definition of “Basic Seed”, for paragraph 3(c)(ii) substitute—

ii

has been certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in sub-paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom.

F45c

in the definition of “Certified Seed”, for paragraph 4(b)(ii) substitute—

ii

has been certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in sub-paragraph (a) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom.

20

In schedule 2 (official certificates and breeder's confirmations)—

a

in Part I (official certificates)—

i

in paragraph 1 (applications for seed harvested in the United Kingdom), omit “but not made in pursuance of Article 22 (certification of seed from other EEA states or equivalent third countries) of the Beet Seed Directive”,

F46ii

for paragraph 4 (applications for seed harvested in an EEA State or third country) substitute—

Applications for seed harvested outside the United Kingdom4

1

Notwithstanding paragraphs 2 and 3, and subject to sub-paragraphs (2) and (3), on receipt of an application made in accordance with regulation 15(1) for the issue of an official certificate in respect of a seed lot as Pre-Basic Seed, Basic Seed or Certified Seed, the Scottish Ministers may issue an official certificate in respect of the seed lot containing the particulars specified in paragraph 1 of Schedule 3.

2

An official certificate may only be issued under sub-paragraph (1) if—

a

the seed has been—

i

produced directly from—

aa

fully certified Basic Seed or Certified Seed, or

bb

seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed or Certified Seed in accordance with these Regulations,

ii

harvested outside the United Kingdom, and

iii

shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed;

b

the seed has been—

i

produced directly from the crossing of fully certified Basic Seed with seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed in accordance with these Regulations,

ii

harvested outside the United Kingdom, and

iii

shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed; or

c

the seed—

i

is to be certified by the Scottish Ministers as Basic Seed,

ii

has been produced directly from—

aa

fully certified Pre-basic Seed, or

bb

seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Pre-basic Seed in accordance with these Regulations,

iii

has been harvested outside the United Kingdom, and

iv

has been shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed.

3

In the case of seed which has been harvested in a country granted equivalence, an official certificate may only be issued under sub-paragraph (1) provided that—

a

the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Part 1 of Schedule 4; and

b

has been packed in a sealed package in accordance with the requirements of regulation 18 (sealing of packages of seed) and has been labelled in accordance with the requirements of regulation 19 (labelling of packages of seed) and Schedule 6.

F47b

in Part II (breeder’s confirmations), in paragraph (7)(d) (when applications may be refused), for “UK National List (or to an equivalent list in an EEA state)” substitute “GB Variety List or an NI Variety List”.

F4821

In Schedule 4 (requirements for Pre-Basic Seed, Basic Seed, Certified Seed and Seed of a Conservation Variety), in Part I (conditions relating to crops from which seed is obtained)—

a

in paragraph 2(1) (varietal identity and varietal purity), for the words “UK National List” to the end substitute “GB Variety List or NI Variety List”,

b

in paragraph 5(2) (isolation distances – minimum distances), for “the Common Catalogue or UK National List” substitute “a GB Variety List or an NI Variety List”.

22

In schedule 6 (labelling)—

a

in paragraph 4 (official label for a package of Pre-Basic Seed), for “EEA state or their commonly used initials”, substitute “ country or country initials ”,

b

in paragraph 5(a) (official label for a package of Basic Seed or Certified Seed)—

i

in sub-paragraph (i), for “EC” substitute “ F49GB ”,

ii

in sub-paragraph (ii), for “EEA state or their commonly used initials”, substitute “ country or country initials ”,

F50c

in paragraph 6(a) (official label for a package of test and trial seed)—

i

in head (ii), for “EEA State or their distinguishing abbreviation” substitute “country or country initials”,

ii

in head (vii), for “the UK National” substitute “a GB Variety”,

d

in paragraph 7 (official label for a package of seed of a Conservation Variety)—

i

in sub-paragraph (1)(a)(i), for “EC” substitute “ F51GB ”,

ii

for sub-paragraph (2) substitute—

F522

Where a package of seed of a Conservation Variety is sealed in any other part of Great Britain, it must be labelled in accordance with the requirements for labelling applicable in the relevant part of Great Britain.

e

in Part III (small EC packages)—

i

in the heading, omit “EC”,

ii

in paragraph 11 (label for a small EC package of Pre-Basic Seed, Basic Seed or Certified Seed)—

aa

in the heading, omit “EC”,

bb

omit “EC” in both places where it occurs,

cc

for “EEA state or their initials” substitute “ country or country initials ”,

F53f

in Part V (information in respect of seed imported from countries which are not EEA States in packages exceeding 2 kilograms net weight)—

i

in the heading, for “which are not EEA States” substitute “outside the United Kingdom”,

ii

in paragraph 13 (information to be supplied in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms net weight)—

aa

in the heading, for “which is not an EEA State” substitute “outside the United Kingdom”,

bb

in the text before sub-paragraph (a), for “which is not an EEA State” substitute “outside the United Kingdom”,

F54g

in Part VI (printing of specified matters on packages (whole bag labelling)), in paragraph 17 (seed packages sealed in the United Kingdom but not in Scotland, or in an EEA State other than the United Kingdom)—

i

in the heading, for “an EEA State” substitute “a country”,

ii

for “EEA State” in both places where it occurs, substitute “country”,

iii

for “the Department of Agriculture and Rural Development” substitute “DAERA”.