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

The Oil and Fibre Plant Seed (Scotland) Regulations 2004I13

1

The Oil and Fibre Plant Seed (Scotland) Regulations 2004 M1 are amended as follows.

2

In regulation 2(1) (interpretation)—

a

at the end of the definition of “the 2004 Commission Decision” insert “ , as amended by Commission Implementing Decision (EU) 2016/320 M2 ”,

b

in the definition of “the 2001 Deliberate Release Directive”, for the words from “amended by” to the end substitute “ last amended by Directive (EU) 2015/412 M3 ”,

c

in the definition of “EEA State”, at the end insert “ , and for the purposes of these Regulations includes Switzerland ”,

d

in the definition of “Equivalence Decision”, for the words from “amended by” to the end substitute “ last amended by Decision (EU) 2018/1674 M4 ”,

e

in the definition of “the Food and Feed Regulation”, at the end insert “ , as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council M5 ”,

f

in the definition of “third country”, omit “or Switzerland”.

3

In regulation 5(2) (seed to which the Regulations apply), after “EEA State” insert “ (other than regulation 13A (certification and labelling for export)) ”.

4

After regulation 6 (marketing of seed) insert—

Importation from outside the European Union6A

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.

5

In regulation 8A(10) (exception for test and trial seed) M6, after “Member State” insert “ or, as the case may be, Switzerland ”.

6

After regulation 13 (requirement for homogeneity) insert—

Certification and labelling for export13A

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.