The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019

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

18.—(1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “CAC material”, for paragraph (b) substitute—

“(b) in 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, is material and plants that meet the requirements in legislation recognised by the Scottish Ministers as having equivalent effect to schedule 3;

(iii) in a member State, is material and plants that meet the requirements in Articles 23 to 27 of Commission Implementing Directive 2014/98/EU;”,

(b) after the definition of “Commission Implementing Directive 2014/98/EU” insert—

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

(c) after the definition of “fruit plants” insert—

““the fruit marketing regulations” means—

(a)

as regards England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017(2);

(b)

as regards Wales, the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017(3);

(c)

as regards Northern Ireland, the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017(4);

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;”,

(d) after the definition of “genetically modified organism” insert—

““the GMO regulations” means—

(a)

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002(5),

(b)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002(6),

(c)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002(7),

(d)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003(8);”,

(e) in the definition of “official label”, for paragraph (b) substitute—

“(b) in 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, 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;

(iii) in a member State, means a label issued or approved by the responsible official body and which meets the applicable requirements in relation to that material contained in Article 2 of Commission Implementing Directive 2014/96/EU;”,

(f) in the definition of “officially certified”, for paragraph (b) substitute—

“(b) in 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, means certified in accordance with legislation recognised by the Scottish Ministers as having equivalent effect to the relevant provisions of schedule 2;

(iii) in a member State, means certified for the purposes of Article 3 of Council Directive 2008/90/EC by the responsible official body;”,

(g) in the definition of “officially recognised description” omit “which was marketed in the European Union prior to 30th September 2012”,

(h) in the definition of “plant variety rights”(9), omit “or under Council Regulation (EC) No 2100/94 on Community plant variety rights”,

(i) in the definition of “registered variety”, for paragraph (b) substitute—

“(b) in the case of varieties registered in any other part of the United Kingdom, means registered in accordance with the relevant fruit marketing regulations;”,

(j) for the definition of “responsible official body” substitute—

““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;”,

(k) in the definition of “third country”, for “which is not a member State of the European Union” substitute “outside the United Kingdom”.

(3) In regulation 5 (general requirements for marketing of plant material)—

(a) for paragraph (1)(c) substitute—

“(c) in the case of plant material which consists of a genetically modified organism, the organism has been authorised for cultivation pursuant to—

(i) the GMO regulations,

(ii) Regulation (EC) No 1829/2003, or

(iii) before the day on which exit day falls, Directive 2001/18/EC;”,

(b) after paragraph (2) insert—

“(3) No person may market plant material in Scotland produced in a member State.

(4) Paragraph (3) does not apply to plant material which meets the conditions set out in paragraph (5).

(5) The conditions are that the plant material—

(a) is of a variety that may be marketed under regulation 7 or has been registered as a variety by the responsible official body in a member State, in accordance with Article 4 of Commission Implementing Directive 2014/97/EU;

(b) has been produced in compliance with the requirements set out in—

(i) Council Directive 2008/90/EC,

(ii) Commission Implementing Directive 2014/96/EU;

(iii) Commission Implementing Directive 2014/98/EU; and

(c) has been imported into Scotland before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(4) In regulation 8(5) (labelling, sealing and packing), for “Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community” substitute “the Plant Health (Scotland) Order 2005(10)”.

(5) After regulation 23 (transitional provision) insert—

“Transitional provision for official labels on exit day

23A.   A label pre-printed before exit 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 plant material, for the purposes of any use of that label before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(6) In schedule 2 (certification requirements)—

(a) in paragraphs 3(f) (pre-basic material (other than mother plants and rootstocks not belonging to a variety)) and 4(g) (rootstocks not belonging to a variety), omit “in accordance with a derogation granted by the European Commission under Article 8(4) of Commission Implementing Directive 2014/98/EU,”,

(b) for paragraph 5(4)(a) (acceptance of plants as pre-basic mother plants), substitute—

“(a) following production of a report from the responsible official body which proves that the variety in question is distinct, uniform and stable; and”,

(c) in paragraph 8(6) (maintenance of pre-basic mother plants and pre-basic material), omit from “Where a derogation” to “species concerned,”,

(7) In schedule 4 (registration of varieties)—

(a) in paragraph 1 (interpretation)(11)—

(i) omit the definitions of “CPVO” and “CPVO protocols”,

(ii) in the definition of “technical questionnaire”, for “CPVO” in both places where it occurs substitute “UPOV”,

(b) in paragraph 3 (registration)—

(i) for sub-paragraph (1)(c) substitute—

“(c) in relation to genetically modified varieties, the genetically modified organism of which the variety consists is authorised for cultivation pursuant to—

(i) the GMO regulations,

(ii) Regulation (EC) No 1829/2003, or

(iii) before the day on which exit day falls, Directive 2001/18/EC.”,

(ii) for sub-paragraph (2)(b) substitute—

“(b) a responsible official body outside Scotland.”,

(c) in paragraph 4 (application for registration with an official description)—

(i) in sub-paragraph (2)(b), for “member State” substitute “country”

(ii) for sub-paragraph (2)(d) substitute—

“(d) in the case of a genetically modified variety, evidence that the genetically modified organism contained in that variety has been authorised for cultivation pursuant to—

(i) the GMO regulations,

(ii) Regulation (EC) No 1829/2003, or

(iii) before the day on which exit day falls, Directive 2001/18/EC;”,

(iii) in sub-paragraph (3), for “authority in another member State” substitute “official body outside Scotland”,

(d) in paragraph 5(1)(b) (growing trials), for “CPVO” in each place where it occurs substitute “UPOV”,

(e) for paragraph 6(1)(b)(ii) (duration and renewal of acceptance) substitute—

“(ii) the period during which the genetically modified organism of which the variety consists is authorised for cultivation pursuant to—

(aa) the GMO regulations,

(bb) Regulation (EC) No 1829/2003, or

(cc) before the day on which exit day falls, Directive 2001/18/EC.”,

(f) for paragraph 7(1)(d) (removal from register), substitute—

“(d) in the case of any genetically modified variety, the genetically modified organism contained in that variety—

(i) ceases to be authorised for cultivation pursuant to—

(aa) the GMO regulations,

(bb) Regulation (EC) No 1829/2003, or

(ii) has, before the day on which exit day falls been authorised for cultivation pursuant to Directive 2001/18/EC and ceases to be authorised.”.

(8) In schedule 5 (official labels, supplier’s documents and accompanying documents)—

(a) in paragraph 4—

(i) in sub-paragraph (a), for “EU” substitute “UK”,

(ii) in sub-paragraph (b)(i), for “member State” substitute “country”,

(iii) in sub-paragraph (b)(xii), for “member State” substitute “country”,

(b) in paragraph 5, for “one of the official languages of the European Union”, substitute “English, but may also be printed in other languages,”,

(c) in paragraph 6—

(i) in sub-paragraph (a), for “EU” substitute “UK”,

(ii) in sub-paragraph (b)(i), for “member State” substitute “country”,

(iii) in sub-paragraph (b)(viii), for “member State” substitute “country”,

(d) in paragraph 7, for “one of the official languages of the European Union” substitute “English, but may also be printed in other languages,”,

(e) in paragraph 8(b), for “one of the official languages of the European Union” substitute “English, but may also be written in other languages,”.

(9) In schedule 8 (powers of inspectors), for paragraph 1(2)(a) substitute—

“(a) be accompanied by such other persons as the inspector considers appropriate;”.

(1)

S.S.I. 2017/177, amended by Part 2 of this instrument.

(2)

S.I. 2017/595.

(3)

S.I. 2017/691 (W.163).

(4)

S.R. 2017 No. 119.

(5)

S.S.I. 2002/541, amended by S.S.I. 2004/439, S.I. 2005/2759, S.I. 2011/1043; S.S.I. 2015/100 and S.S.I. 2019/XXX.

(6)

S.I. 2002/2443, as amended by S.I. 2004/2411, S.I. 2005/2759, S.I. 2009/1892 and S.I. 2018/575.

(7)

S.I. 2002/3188 (W. 304), amended by S.I. 2005/2759 and S.I. 2013/755 (W. 90).

(8)

S.R. 2003 No. 167.

(9)

The definition of “plant variety rights” is amended by Part 2 of this instrument.

(10)

S.S.I. 2005/613, as last amended by S.S.I. 2019/XXX.

(11)

Paragraph 1 is amended by Part 2 of this instrument.