PART 2 AMENDMENTS MADE UNDER SECTION 2(2) OF THE EUROPEAN COMMUNITIES ACT 1972

2 The Vegetable Seeds Regulations 1993
1 The Vegetable Seeds Regulations 1993 are amended as follows.
S.I. 1993/2008, amended by S.I. 1996/1452, S.I. 1997/616, S.I. 1999/1863, S.S.I. 2000/250, S.I. 2001/3510, S.S.I. 2007/305, S.S.I. 2010/219, S.S.I. 2010/425, S.I. 2011/1043, S.S.I. 2013/326 and S.S.I. 2016/434.
2 In regulation 3 (interpretation)—
(a) in paragraph (1)—
(i) in the definition of “Commission Directive 2009/145”, at the end insert “ , as amended by Commission Implementing Directive 2013/45/EU ”,
OJ L 213, 8.8.2013, p.20. The definition was inserted by S.S.I. 2010/425.
(ii) after the definition of “Conservation Variety” insert—

““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, as last amended by Directive (EU) 2015/412 ;”

,
OJ L 106, 17.04.2001, p.1. The definition was inserted by S.S.I. 2010/425.
OJ L 68, 13.3.2015, p.1.
(iii) for the definition of “genetically modified” substitute—

““genetically modified” has the same meaning as it has for the purposes of Directive 2001/18/EC;”

,
(iv) omit the definition of “Member State”,
(b) in each of paragraphs (3A), (3B) and (3C) —
(i) for “a Member State” in each place where it occurs, substitute “ an EEA state ”,
(ii) for “that Member State” in each place where it occurs, substitute “ that EEA state ”.
Paragraphs (3A) to (3C) were inserted by S.S.I. 2000/250.
3 For regulation 4(2 (seeds to which the regulations apply) substitute—

“2 These Regulations do not apply to seed intended for export to a country which is not an EEA state (other than regulation 6C (certification and labelling for export)).”

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4 In regulation 5 (marketing of seeds)—
(a) for “a Member State” in each place where it occurs, substitute “ an EEA state ”,
(b) in paragraph (3), for “the Fodder Plant Seeds Regulations 1993” substitute “ the Fodder Plant Seed (Scotland) Regulations 2005 ”,
S.S.I. 2005/329, amended by S.S.I. 2006/313, S.S.I. 2006/448, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2009/330, S.S.I. 2010/219, S.I. 2011/1043, S.S.I. 2012/5, S.S.I. 2013/326, S.S.I. 2016/68, S.S.I. 2016/434 and S.S.I. 2017/384.
(c) in paragraph (13), for “that Member State” substitute “ that EEA state ”,
(d) in paragraph (14), for “Member States” substitute “ EEA states ”.
5 In regulation 6A(1)(c) (breeder's confirmations) , for “Member State” substitute “ EEA state ”.
Regulation 6A was inserted by S.I. 1999/1863.
6 After regulation 6A, insert—

“6B Importation from outside the European Union
Seed imported from outside the European Union must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

6C Certification and labelling for export
1 The Scottish Ministers may certify the quality of any seed intended for export.
2 Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.”

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7 In schedule 4 (requirements for Basic Seed, Certified Seed, Certified Seed of a Conservation Variety, Standard Seed, Standard Seed of a Conservation Variety and Standard Seed of an Amateur Variety), in Part I (Basic Seed and Certified Seed), in paragraph 2(b) (varietal identity and varietal purity), for “Member State” substitute “ EEA state ”.
8 In schedule 6 (labels and marking)—
(a) in Part I(A)(a) (official label for a Package of Pre-basic Seed: prescribed contents), in point 1, for “Member State” substitute “ EEA state ”,
(b) in Part I(B)(a) (official label for a Package of Basic Seed or for a Package (Other than a Small Package) of Certified Seed: prescribed contents), in point 2, for “Member State” substitute “ EEA state ”.
Reg. 2 in force at 28.3.2019, see reg. 1(1)(a)