5.—(1) The Fodder Plant Seed (Scotland) Regulations 2005 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—
6A. 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 9A(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—
13A.—(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.”.
(7) In schedule 6, in paragraph 10 (label for a small EC A or small EC B package of Mixtures), after “Member State” in each place where it occurs insert “ or Switzerland ”.
Commencement Information
I1Reg. 5 in force at 28.3.2019, see reg. 1(1)(a)
Marginal Citations
M1S.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.
M2OJ L 60, 5.3.2016, p.88. The definition was inserted by S.S.I. 2007/224.
M3OJ L 68, 13.3.2015, p.1.
M4OJ L 284, 12.11.2018, p.31.
M5OJ L 97, 9.4.2008, p.64.
M6Regulation 9A was inserted by S.S.I. 2007/224.