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

Changes over time for: Section 9

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31/12/2020- Amendment

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The Vegetable Seeds Regulations 1993S

This section has no associated Policy Notes

9.—(1) The Vegetable Seeds Regulations 1993 M1 are amended as follows.

(2) In regulation 3 (interpretation)—

(a)in paragraph (1)—

(i)at the end of the definition of “additional region”M2, insert “, with Article 13.1 of that Directive being read as if for the reference to “Member States” in each place where it occurs there were substituted “ the Scottish Ministers ”,

[F1(ia)in the definition of “Amateur Variety”, for “the National List” substitute “a GB Variety List or an NI Variety List”,]

[F2(ii)in the definition of “breeder”, in sub-paragraph (a), for the words “the National List or the Common Catalogue” substitute “a GB Variety List, an NI Variety List or an equivalent list in a country granted equivalence”,]

[F3(iia)omit the definition of “Common Catalogue”,

(iib)in the definition of “Conservation Variety”, for “the National List” substitute “a GB Variety List or an NI Variety List”,]

(iii)after the definition of “Conservation Variety”M3 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;

[F5“DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;”],

[F6(iiia)after the definition of “the EU Plant Health Regulation” insert—

““the Food and Feed Regulation” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed;”,]

[F7(iv)after the definition of “genetically modified” insert—

““the GMO Regulations” means—

(a)

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

(b)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M5;

(c)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M6;

(d)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M7;

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

“GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation;

“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;

“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–

(a)

by or on behalf of a GB Authority;

(b)

by or on behalf of the NI Authority; or

(c)

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

[F8(v)in the definition of “maintainer”, for “a National List or in the Common Catalogue” and “the National List or the Common Catalogue” where they occur substitute “a GB Variety List, an NI Variety List or an equivalent list in a country granted equivalence”,]

[F9(vi)in the definition of “maintenance”, for “a National List of the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

(via)omit the definition of “National List”,

(vib)before the definition of “official certificate” 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”;]

[F10(vii)in the definition of “official post control”—

(aa)in the words before sub-paragraph (a), for “European” substitute “International”,

(bb)in sub-paragraph (a), for the words “a European” in both places they occur substitute “an International”,

(cc)omit sub-paragraph (b),

(viia)for the definition of “protected zone quarantine pest” substitute—

““PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation;”,]

[F11(viii)in the definition of “region of origin”—

(aa)for “the United Kingdom” substitute “Great Britain”,

(bb)at the end insert—

“, with Article 8.1 of that Directive 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;”,]

[F12(ix)in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”,

(x)omit the definition of “Union quarantine pest”,]

[F13(b)in paragraphs (3A), (3B) and (3C)—

(i)in each sub-paragraph (a), for “an EEA state” substitute “a country”,

(ii)in each sub-paragraph (b) and (c), for “EEA state” substitute “country”.]

(3) For regulation 4(2) (seeds to which the regulations apply) M8 substitute—

“(2) These Regulations do not apply to seed intended for export outside [F14Great Britain] (other than regulation 6C (certification and labelling for export)).”.

(4) M9In regulation 5 (marketing of seeds) —

[F15(a)in paragraph (1)—

(i)in the words before sub-paragraph (a)—

(aa)for “a National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

(bb)for “the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

(ii)in sub-paragraph (b)—

(aa)in the words before head (i), for “an EEA State” substitute “a country”,

(bb)in head (ii), for “an EEA State” substitute “a country other than the United Kingdom”,

(iii)in sub-paragraph (bb), for “an EEA state” substitute “a country”,

(iv)in sub-paragraph (c), for “elsewhere than in an EEA state” substitute “outside the United Kingdom”,]

(b)for paragraphs (2D) and (2E) M10 substitute—

“(2D) The conditions referred to in paragraph (2C) are that the marketing and release of the genetically modified material by the applicant has been authorised—

(a)before the day on which [F16IP completion] day falls, under Part C of Directive 2001/18/EC,

(b)under the Food and Feed Regulation, or

(c)under the GMO Regulations.”,

(c)for paragraph (4) substitute—

“(4) The Scottish Ministers may, by a general licence, authorise a temporary experiment (the duration of which must not exceed 7 years) seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act.”,

[F17(d)in paragraph (4A)—

(i)omit “, by reason only of article 3(1)(a) of Council Directive 70/457/EEC,”,

(ii)for “a National List” substitute “a GB Variety List or an NI Variety List”,]

(e)in paragraph (5), for “from a country other than an EEA state” substitute “ from outside the United Kingdom ”,

[F18(f)in paragraph (9A), for “an EEA state” substitute “a country”,]

(g)in paragraph (9B) M11, for “other than in an EEA state” substitute “ outside the United Kingdom ”,

(h)in paragraph (10)—

(i)for “other than an EEA state”, substitute “ outside the United Kingdom ”,

(ii)for “produced in an EEA state”, substitute “ produced in the United Kingdom ”,

[F19(i)in paragraph (11), for “a National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,]

[F20(j)in paragraph (13) for “an EEA state” substitute “a country”,]

(k)paragraph (14) is omitted.

(5) In regulation 5A (Conservation Varieties) M12, after paragraph (6) insert—

“(6A) For the purposes of paragraph (6), Article 15 of Commission Directive 2009/145 is to be read as if—

(a)“Each Member State shall ensure that,” were omitted,

(b)for “does not exceed”, there were substituted “ may not exceed ”.”.

[F21(6) In regulation 6A(1)(c) (breeder’s confirmations), for the words “the National List” to the end substitute “a GB Variety List or an NI Variety List”.]

[F22(7) In regulation 6B (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”.]

(8) In regulation 9 (labelling of packages)—

(a)paragraph (10) is omitted,

(b)in paragraph (12), for “one of the official languages of the [F23European Union]” substitute “ English but may also be given in other languages ”.

(9) In regulation 9A(8) (labelling of packages – breeder's confirmation) M13, for “one of the official languages of the [F24European Union]” substitute “ English but may also be given in other languages ”.

(10) After regulation 11 (civil liabilities of sellers of seeds) insert—

“Certification in a Crown Dependency [F25or a country granted equivalence]

11A. Any seed certified and labelled in a Crown Dependency [F25or 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 and supplier's labels on [F26IP completion] day

11B. A label pre-printed before [F26IP completion] day which at the date on which it was printed was an official label or a supplier's label for the purposes of these Regulations, is to be treated as an official label or, as the case may be, a supplier's label for packages of Basic Seed, Certified Seed, Standard Seed, Seed of a Conservation Variety or Standard Seed of an Amateur Variety or, as the case may be, small packages of Certified Seed or Standard Seed, for the purposes of any use of that label before the end of the period of [F27twelve months] beginning with the day after the day on which [F26IP completion] day falls.”.

[F28(11) 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)—

(a)in Part I (Basic Seed and Certified Seed)—

(i)in paragraph 2 (varietal identity and varietal purity)—

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

(bb)in sub-paragraph (b), for the words “the National List” until the end substitute “a GB Variety List or an NI Variety List.”,

(ii)in paragraph 4 (crop health)—

(aa)for “Union” substitute “GB”,

(bb)for “protected zone” substitute “PFA”,

(b)in Part II (basic seed, certified seed and standard seed conditions relating to the seeds), in paragraph 3(b)—

(i)for “Union” substitute “GB”,

(ii)for “protected zone” substitute “PFA”.]

(12) M14In 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 “EEA state or their mark” substitute “ country or country initials ”,

(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)—

(i)in point 1, for “EC” substitute “ [F29GB] ”,

(ii)in point 2, for “EEA state or their mark” substitute “ country or country initials ”,

[F30(iii)in point 11(a), for “a National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,]

[F31(ba)in Part I(C)(b) (official label for a Package of Seed not Finally Certified: information required for the document), in point 5, for “UK” in each place it occurs substitute “GB”,]

(c)in Part II(A)(a) (supplier's label for a Package of Standard Seed, other than a Small Package: prescribed contents), in point 1, for “EC” substitute “ [F32GB] ”,

(d)in Part III(A)(a) (supplier's label for a Small Package of Certified Seed: prescribed contents), in point 1, for “EC” substitute “ [F33GB] ”,

(e)in Part III(B)(a) (supplier's label for a Small Package of Standard Seed: prescribed contents), in point 1, for “EC” substitute “ [F34GB] ”,

[F35(ea)in Part IV (information in respect of seeds imported from third countries in packages more than 2 kilograms in Net weight), in the heading, for “third countries” substitute “countries outside the United Kingdom”,]

(f)in Part VI (supplier's label for a package of seed of a Conservation Variety) M15, in sub-paragraph (a), for “EU” substitute “ [F36GB] ”,

(g)in Part VII (supplier's label for a package of Standard Seed of an Amateur Variety) M16, in sub-paragraph (a), for “EU” substitute “ [F37GB] ”.

Textual Amendments

F1Reg. 9(2)(a)(ia) inserted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 10(2)(a)(i)

F2Reg. 9(2)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 10(2)(a)(ii)

F3Reg. 9(2)(a)(iia)(iib) inserted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 10(2)(a)(iii)

F4Words in reg. 9(2)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 10(2)(a)(iv)(aa)

F5Words in reg. 9(2)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 10(2)(a)(iv)(bb)

F6Reg. 9(2)(a)(iiia) inserted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 10(2)(a)(v)

F7Reg. 9(2)(a)(iv) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 10(2)(a)(vi)

F8Reg. 9(2)(a)(v) substituted (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 10(2)(a)(vii)

F9Reg. 9(2)(a)(vi)(vib) substituted for reg. 9(2)(a)(vi) (31.12.2020 immediately before IP completion day) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 10(2)(a)(viii)