The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020

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”.

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”,

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”,

f

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

i

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

j

in paragraph (13) for “an EEA state” substitute “a country”,

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”,

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”,

b

in the definition of “blended seed lot”—

i

omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”,

ii

for “National Authority” substitute “GB Authority or the NI Authority”,

c

in the definition of “breeder”—

i

in sub-paragraph (a), for “UK National List or the Common Catalogue” substitute “GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence”,

ii

in sub-paragraph (b), for “UK National List or in the Common Catalogue” and “UK National List or Common Catalogue” substitute “GB Variety List, NI Variety List or equivalent list in a country granted equivalence”,

d

in the definition of “bulked seed lot”—

i

in sub-paragraph (a)(iii), omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”,

ii

in sub-paragraph (b), for “National Authority” substitute “GB Authority or the NI Authority”,

e

omit the definitions of “Common Catalogue” and “the Common Catalogue Directive”,

ea

in the definition of “Conservation Variety”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

f

in the definition of “control plot”, for “European Authority” in both places it occurs substitute “GB Authority or the NI Authority”,

• “country granted equivalence” means a country that has been—

  1. a

     granted equivalence under the Equivalence Decision; or

  2. b

     assessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;

ga

for the definition of “Department of Agriculture and Rural Development” substitute—

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

h

omit the definition of “EEA State”,

i

omit the definitions of “European Authority” and “by a European Authority”,

k

in the definition of “fully certified”—

i

in sub-paragraph (b), for “European” substitute “International”,

ii

in the text after sub-paragraph (b), for the words “in Annexes I” to the end substitute “schedule 4;”,

l

after the definition of “genetically modified” insert—

• “the GMO Regulations” means—

  1. a

     in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 200242;

  2. b

     in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 200243;

  3. c

     in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 200244;

  4. d

     in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 200345;

• “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 200146;

la

after the definition of “inbred line” insert—

• “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–

  1. a

     by or on behalf of a GB Authority;

  2. b

     by or on behalf of the NI Authority; or

  3. c

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

lb

in the definitions of “licensed crop inspector”, “licensed seed sampler” and “licensed seed testing station”, for sub-paragraph (b) substitute—

b

granted under provisions equivalent to that regulation by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority;

m

omit the definition of “licensed EC crop inspector”,

n

omit the definition of “National Authority”,

o

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 200147;

p

in the definition of “official field inspection”—

i

in sub-paragraph (i), for “European Authority” substitute “a GB Authority or the NI Authority or an International Authority”,

ii

in sub-paragraph (ii), omit the words “or a licensed EC crop inspector”,

q

in the definition of “official label” for “a European Authority” substitute “an International Authority”,

r

in the definition of “official post control”, for “the relevant European Authority” substitute “an International Authority”,

s

in the definition of “official post control the results of which have been satisfactory”—

i

for “the relevant European Authority” substitute “an International Authority”,

ii

for sub-paragraph (a)(ii) substitute—

ii

in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4;

t

after the definition of “Oil and Fibre Plant Seed Directive” insert—

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

u

omit the definition of “protected zone quarantine pest”,

v

for the definition of “registered or licensed number” substitute—

• “registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provisions equivalent to that regulation by—

  1. a

     a GB Authority other than the Scottish Ministers; or

  2. b

     the NI Authority;

w

in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”,

x

for the definition of “third country” substitute—

• “third country” means any country or territory other than the British Islands;

y

omit the definition of “Union quarantine pest”.

a

in the definition of “Pre-basic Seed”, for paragraph (c) substitute—

c

has been—

i

officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) or (b) and the requirements for Basic Seed specified in schedule 4; or

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) or (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

b

in the definition of “Basic Seed”, for paragraph (d) substitute—

d

has been—

i

officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b) or (c) and the requirements for Basic Seed specified in schedule 4; or

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a), (b) or (c) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

c

in the definition of “Certified Seed”, for paragraph (c) substitute—

c

has been—

i

officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in schedule 4; or

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom;

d

in the definition of “Certified Seed of the First Generation”, for paragraph (c) substitute—

c

has been—

i

officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in schedule 4; or

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;

e

in the definition of “Certified Seed of the Second Generation”—

i

for paragraph (a)(iii) substitute—

iii

has been—

aa

officially certified as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in schedule 4; or

bb

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

ii

for paragraph (b)(iii) substitute—

iii

has been—

aa

officially certified as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in schedule 4; or

bb

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

f

in the definition of “Certified Seed of the Third Generation”, for paragraph (c) substitute—

c

has been—

i

officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Third Generation specified in schedule 4; or

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the Third Generation in the relevant part of the United Kingdom;

g

in the definition of “Commercial Seed”, for paragraph (b) substitute—

b

has been—

i

officially certified as satisfying the conditions specified in paragraph (a) and the requirements for Commercial Seed specified in schedule 4; or

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraph (a) and the applicable requirements for Commercial Seed in the relevant part of the United Kingdom;

a

in paragraph (1)(b)(ii), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

aa

in paragraph (2)(b)(i), omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”,

ab

in paragraph (3), for “a European” substitute “an International”,

b

an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority.

b

an authorisation which has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority.

b

in paragraph (4)—

i

for sub-paragraph (a) substitute—

a

the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—

i

regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or

ii

the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 200148 for acceptance on to an NI Variety List;

ii

for sub-paragraph (b) substitute—

b

in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—

i

before the day on which IP Completion day falls, under Part C of the 2001 Deliberate Release Directive;

ii

under the Food and Feed Regulation; or

iii

under the GMO Regulations;

d

in paragraph (9), for “National List” to the end substitute “GB Variety List or an NI Variety List.”,

e

in paragraph (10), for “name of the Member State” to the end substitute “location of the trials within the United Kingdom.”.

ii

for the definition of “region of origin” substitute—

• “region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if—

  1. a

     in the first sub-paragraph—

     1. i

        for “a Member State accepts”, there were substituted “the Scottish Ministers accept”;

     2. ii

        for “it shall”, there were substituted “they must”;

     3. iii

        for “It shall”, there were substituted “The Scottish Ministers must”;

     4. iv

        for “Member States”, there were substituted “Scottish Ministers”;

  2. b

     the second sub-paragraph was omitted.

aa

a GB Authority other than the Scottish Ministers; or

bb

the NI Authority.

b

in paragraph (6), in the definition of “varietal association”, for “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”.

b

in paragraph (3), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.

a

in paragraph (1)—

i

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

ii

for sub-paragraph (b) substitute—

b

i

any seed lot has, in order to make seed rapidly available, been certified by—

aa

a GB Authority other than the Scottish Ministers; or

bb

the NI Authority; and

ii

the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,

i

for “European Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,

c

in paragraph (5), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.

a

for sub-paragraph (1)(b) substitute—

b

sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

b

for paragraph (3)(b) substitute—

b

in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

a

for paragraph (4A)(b) substitute—

b

where seed is sealed in any part of the United Kingdom other than Scotland, be labelled in accordance with the requirements for labelling applicable to a Conservation Variety in the relevant part of the United Kingdom.

b

for paragraph (5)(b) substitute—

b

which is sealed in any part of the United Kingdom other than Scotland will satisfy the applicable requirements in the relevant part of the United Kingdom,

c

for paragraph (8)(b) substitute—

b

which is sealed in any other part of the United Kingdom, must contain an official document in accordance with the applicable requirements for official documents and, as the case may be, for labelling of packages of mixtures of seeds, in the relevant part of the United Kingdom.

d

in paragraph (10)—

i

for sub-paragraph (a) substitute—

a

for packages sealed in—

i

Scotland, the appropriate particulars of the matters specified in Part II of Schedule 6 and paragraphs (3), (12) and (13), are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified;

ii

any other part of the United Kingdom, the appropriate particulars of the matters specified in accordance with the applicable requirements in the relevant part of the United Kingdom, are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; and

ii

for sub-paragraph (c) substitute—

c

the requirements of paragraph 17 of Part VI of Schedule 6 are satisfied in the case of a package sealed in any other part of the United Kingdom.

e

in paragraph (14), for “one of the official languages of the European Union” substitute “English but may, in addition, be given in other languages”.

b

for paragraph 4 (applications for seed harvested in an EEA State or third country) substitute—

Applications for seed harvested outside the United Kingdom4

1

Notwithstanding paragraphs 2 and 3, and subject to sub-paragraphs (2) and (3), on receipt of an application made in accordance with regulation 14(1) for the issue of an official certificate in respect of a seed lot as Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, the Scottish Ministers may issue an official certificate in respect of the seed lot containing the particulars specified in paragraph 1 of Schedule 3.

2

An official certificate may only be issued under sub-paragraph (1) if—

a

the seed has been—

i

produced directly from—

aa

fully certified Basic Seed or Certified Seed of the First Generation; or

bb

seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed or Certified Seed of the First Generation in accordance with these Regulations;

ii

harvested outside the United Kingdom; and

iii

shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of schedule 4 for the relevant category of seed;

b

the seed has been—

i

produced directly from the crossing of fully certified Basic Seed with seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed in accordance with these Regulations;

ii

harvested outside the United Kingdom; and

iii

shown on official examination, or, in the case of seed certified in a country granted equivalence, to have satisfied the conditions specified in Part II of schedule 4 for the relevant category of seed; or

c

the seed—

i

is to be certified by the Scottish Ministers as Basic Seed;

ii

has been produced directly from—

aa

fully certified Pre-basic Seed; or

bb

seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Pre-basic Seed in accordance with these Regulations;

iii

has been harvested outside the United Kingdom; and

iv

has been shown on official examination, or, in the case of seed certified in a country granted equivalence, to have satisfied the conditions specified in Part II of schedule 4 for the relevant category of seed.

3

In the case of seed which has been harvested in a country granted equivalence, an official certificate may only be issued under sub-paragraph (1) provided that—

a

the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Part 1 of schedule 4 (crop standards); and

b

has been packed in a sealed package in accordance with the requirements of regulation 16 (sealing of packages of fully certified seed and has been labelled in accordance with the requirements of regulation 17 (labelling of packages of fully certified seed) and schedule 6.

d

in paragraph 6A(a) (official label for a package of test and trial seed)—

i

in head (ii), for “EEA State or their distinguishing abbreviation”, substitute “country or country initials”,

ii

for head (vii) substitute—

vii

the official application number in relation to the application for listing under—

aa

in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or

bb

in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 200149 for acceptance on to an NI Variety List;

e

in paragraph 6B(1)(a)(i) (official label for a package of seed of a Conservation Variety), for “EC” substitute “GB”,

h

in Part V (information in respect of seed imported from countries which are not EEA States in packages exceeding 2 kilograms net weight)—

i

in the heading, for “which are not EEA States” substitute “outside the United Kingdom”,

ii

in paragraph 10 (information to be supplied in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms net weight)—

aa

in the heading, for “which is not an EEA State” substitute “outside the United Kingdom”,

bb

in the text before sub-paragraph (a), for “which is not an EEA State” substitute “outside the United Kingdom”,

i

in Part VI (printing of specified matters on packages (whole bag labelling)), in paragraph 17 (seed packages sealed in the United Kingdom but not in Scotland, or in an EEA State other than the United Kingdom)—

i

in the heading, for “in an EEA State other than the United Kingdom” substitute “outside the United Kingdom”,

ii

for “EEA State” in the first place where it occurs, substitute “country outside the United Kingdom”,

iii

for “EEA State” in the second place where it occurs substitute “country”,

iv

for “the Department of Agriculture and Rural Development” substitute “DAERA”.

b

in the definition of “blended seed lot”—

i

omit “or Annex I (crop conditions) of the Cereal Seed Directive”,

ii

for “National Authority” substitute “GB Authority or the NI Authority”,

c

in the definition of “breeder”—

i

in sub-paragraph (a), for “UK National List or the Common Catalogue” substitute “GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence”,

ii

in sub-paragraph (b), for “UK National List or in the Common Catalogue” and “UK National List or Common Catalogue” substitute “GB Variety List, NI Variety List or equivalent list in a country granted equivalence”,

d

in the definition of “bulked seed lot”—

i

in sub-paragraph (a)(iii), omit “or Annex I (crop conditions) of the Cereal Seed Directive”,

ii

in sub-paragraph (b), for “National Authority” substitute “GB Authority or the NI Authority”,

e

omit the definitions of “Common Catalogue” and “the Common Catalogue Directive”,

ea

in the definition of “Conservation Variety”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

f

in the definition of “control plot”, for “European Authority” in both places it occurs substitute “GB Authority or the NI Authority”,

• “country granted equivalence” means a country that has been—

  1. a

     granted equivalence under the Equivalence Decision; or

  2. b

     assessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;

ga

for the definition of “Department of Agriculture and Rural Development” substitute—

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

h

omit the definition of “EEA State”,

i

omit the definitions of “European Authority” and “by a European Authority”,

k

in the definition of “fully certified”—

i

in sub-paragraph (b), for “European” substitute “International”,

ii

in the text after sub-paragraph (b), for the words “either in” to the end substitute “schedule 4;”,

l

after the definition of “genetically modified” insert—

• “the GMO Regulations” means—

  1. a

     in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 200250;

  2. b

     in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 200251;

  3. c

     in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 200252;

  4. d

     in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 200353;

• “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 200154;

la

after the definition of “homogeneous seed lot” insert—

• “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–

  1. a

     by or on behalf of a GB Authority;

  2. b

     by or on behalf of the NI Authority; or

  3. c

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

lb

in the definitions of “licensed crop inspector”, “licensed seed sampler” and “licensed seed testing station”, for sub-paragraph (b) in each definition substitute—

b

granted under provisions equivalent to that regulation by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority;

m

omit the definition of “licensed EC crop inspector”,

n

omit the definition of “National Authority”,

o

before the definition of “oats” 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 200155;

p

in the definition of “official field inspection”—

i

in sub-paragraph (a), for “European Authority” substitute “a GB Authority or the NI Authority”,

ii

in sub-paragraph (b), omit the words “or a licensed EC crop inspector”,

q

in the definition of “official label”, for “a European Authority” substitute “an International Authority”,

r

in the definition of “official post control”, for “the relevant European Authority” substitute “an International Authority”,

s

in the definition of “official post control the results of which have been satisfactory“—

i

for “the relevant European Authority” substitute “an International Authority”,

ii

for sub-paragraph (a)(ii) substitute—

ii

in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4;

t

after the definition of “official sticker” insert—

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

u

omit the definition of “protected zone quarantine pest”,

v

for the definition of “registered or licensed number” substitute—

• “registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provision equivalent to that regulation by—

  1. a

     a GB Authority other than the Scottish Ministers; or

  2. b

     the NI Authority;

w

in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”,

x

for the definition of “third country” substitute—

• “third country” means any country or territory other than the British Islands;

y

omit the definition of “Union quarantine pest”.

a

in the definition of “Pre-basic Seed”, for paragraph (c) substitute—

c

has been—

i

subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed specified in schedule 4;

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

b

in the definition of “Basic Seed”, for paragraph (f) substitute—

f

has been—

i

subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the requirements for Basic Seed specified in schedule 4;

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

c

in the definition of “Certified Seed”, for paragraph (c) substitute—

c

has been—

i

subject to regulation 12, officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in schedule 4;

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom;

d

in the definition of “Certified Seed of the First Generation”, for paragraph (c) substitute—

c

has been—

i

officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in schedule 4;

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;

e

in the definition of “Certified Seed of the Second Generation”, for paragraph (c) substitute—

c

has been—

i

officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Second Generation specified in schedule 4;

ii

certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

b

an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority.

b

an authorisation which has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority.

b

in paragraph (4)—

i

for sub-paragraph (a) substitute—

a

the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—

i

regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or

ii

the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 200156 for acceptance on to an NI Variety List;

ii

for sub-paragraph (b) substitute—

b

in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—

i

before the day on which IP completion day falls, under Part C of the 2001 Deliberate Release Directive;

ii

under the Food and Feed Regulation; or

iii

under the GMO Regulations;

d

in paragraph (9), for “National List” to the end substitute “GB Variety List or an NI Variety List.”,

e

in paragraph (10), for “names of the Member State” to the end substitute “location of the trials within the United Kingdom”.

ii

for the definition of “region of origin” substitute—

• “region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if—

  1. a

     in the first sub-paragraph—

     1. i

        for “a Member State accepts”, there were substituted “the Scottish Ministers accept”;

     2. ii

        for “it shall”, there were substituted “they must”;

     3. iii

        for “It shall”, there were substituted “The Scottish Ministers must”;

     4. iv

        for “Member States”, there were substituted “Scottish Ministers”;

  2. b

     the second sub-paragraph was omitted.

b

in paragraph (3), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.

a

in paragraph (1)—

i

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

ii

for sub-paragraph (b) substitute—

b

i

any seed lot has, in order to make seed rapidly available, been certified by—

aa

a GB Authority other than the Scottish Ministers; or

bb

the NI Authority; and

ii

the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,

i

for “European Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,

c

in paragraph (5), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.

a

for sub-paragraph (1)(b) substitute—

b

sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

b

for paragraph (3)(b) substitute—

b

in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

a

for paragraph (4A)(b) substitute—

b

where seed is sealed in any part of the United Kingdom other than Scotland, be labelled in accordance with the requirements for labelling applicable to a Conservation Variety in the relevant part of the United Kingdom.

b

for paragraph (5)(b) substitute—

b

which is sealed in any part of the United Kingdom other than Scotland will satisfy the applicable requirements in the relevant part of the United Kingdom,

c

for paragraph (8)(b) substitute—

b

which is sealed in any other part of the United Kingdom, must contain an official document in accordance with the applicable requirements for official documents and, as the case may be, for labelling of packages of mixtures of seeds, in the relevant part of the United Kingdom.

d

in paragraph (10)—

i

for sub-paragraph (a) substitute—

a

i

for packages sealed in Scotland, the appropriate particulars of the matters specified in Part II of Schedule 6 and paragraphs (3), (6)(a), (12) and (13), are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified;

ii

for packages sealed in any other part of the United Kingdom, the appropriate particulars of the matters specified in accordance with the applicable requirements in the relevant part of the United Kingdom, are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; and

ii

for sub-paragraph (c) substitute—

c

the requirements of paragraph 17 of Part VI of Schedule 6 are satisfied in the case of a package sealed in any other part of the United Kingdom.

b

for paragraph 4 (applications for seed harvested in an EEA State or third country) substitute—

Applications for seed harvested outside the United Kingdom4

1

Notwithstanding paragraphs 2 and 3, and subject to sub-paragraphs (2) and (3), on receipt of an application made in accordance with regulation 14(1) for the issue of an official certificate in respect of a seed lot as Pre basic Seed, Basic Seed or Seed of a Certified Generation, the Scottish Ministers may issue an official certificate in respect of the seed lot containing the particulars specified in paragraph 1 of Schedule 3.

2

An official certificate may only be issued under sub-paragraph (1) if—

a

the seed has been—

i

produced directly from—

aa

fully certified Basic Seed or Certified Seed of the First Generation, or

bb

seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed or Certified Seed of the First Generation in accordance with these Regulations,

ii

harvested outside the United Kingdom, and

iii

shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed;

b

the seed has been—

i

produced directly from the crossing of fully certified Basic Seed with seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed in accordance with these Regulations,

ii

harvested outside the United Kingdom, and

iii

shown on official examination, or, in the case of seed certified in a country granted equivalence, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed; or

c

the seed—

i

is to be certified by the Scottish Ministers as Basic Seed;

ii

has been produced directly from—

aa

fully certified Pre-basic Seed, or

bb

seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Pre-basic Seed in accordance with these Regulations,

iii

has been harvested outside the United Kingdom, and

iv

has been shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed.

3

In the case of seed which has been harvested in a country granted equivalence, an official certificate may only be issued under sub-paragraph (1) provided that—

a

the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Part I of schedule 4 (crop standards); and

b

has been packed in a sealed package in accordance with the requirements of regulation 16 (sealing of packages of fully certified seed) and has been labelled in accordance with the requirements of regulation 17 (labelling of packages of fully certified seed) and schedule 6.

c

in paragraph 7(d) (when applications may be refused), for the words “UK National List (or to an equivalent list in an EEA State)” substitute “GB Variety List or an NI Variety List”.

d

in paragraph 6A(a) (official label for a package of test and trial seed)—

i

in head (ii), for “EEA State or their distinguishing abbreviation”, substitute “country or country initials”,

ii

for head (vii) substitute—

vii

the official application number in relation to the application for listing under—

aa

in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or

bb

in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 200157;

g

in Part V (information in respect of seed imported from countries which are not EEA States in packages exceeding 2 kilograms net weight)—

i

in the heading, for “which are not EEA States” substitute “outside the United Kingdom”,

ii

in paragraph 11 (information to be supplied in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms net weight)—

aa

in the heading, for “which is not an EEA State” substitute “outside the United Kingdom”,

bb

in the text before sub-paragraph (a), for “which is not an EEA State” substitute “outside the United Kingdom”,

h

in Part VI (printing of specified matters on packages (whole bag labelling)), in paragraph 16 (seed packages sealed in the United Kingdom but not in Scotland, or in an EEA State other than the United Kingdom)—

i

in the heading, for “in an EEA State other than the United Kingdom” substitute “outside the United Kingdom”,

ii

for “EEA State” in the first place where it occurs, substitute “country outside the United Kingdom”,

iii

for “EEA State” in the second place where it occurs substitute “country”,

iv

for “the Department of Agriculture and Rural Development” substitute “DAERA”.

b

in the definition of “blended seed lot”—

i

omit “or Annex I (crop conditions) of the Fodder Plant Seed Directive”,

ii

for “National Authority” substitute “GB Authority or the NI Authority”,

c

in the definition of “breeder”—

i

in sub-paragraph (a), for “UK National List or the Common Catalogue” substitute “GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence”,

ii

in sub-paragraph (b), for “UK National List or in the Common Catalogue” and “UK National List or Common Catalogue” substitute “GB Variety List, NI Variety List or equivalent list in a country granted equivalence”,

ca

in the definition of “breeder’s designation”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

d

in the definition of “bulked seed lot”—

i

in sub-paragraph (a)(iii), omit “or Annex I (crop conditions) of the Fodder Plant Seed Directive”,

ii

in sub-paragraph (b), for “National Authority” substitute “GB Authority or the NI Authority”,

e

omit the definitions of “Common Catalogue” and “the Common Catalogue Directive”,

ea

in the definition of “Conservation Variety”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

f

in the definition of “control plot”, for “European Authority” in both places it occurs substitute “GB Authority or the NI Authority”,

• “country granted equivalence” means a country that has been—

  1. a

     granted equivalence under the Equivalence Decision; or

  2. b

     assessed by the Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;

ha

for the definition of “Department of Agriculture and Rural Development” substitute—

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

i

omit the definition of “EEA State”,

j

omit the definitions of “European Authority” and “by a European Authority”,

l

in the definition of “fully certified”—

i

in sub-paragraph (b), for “European” substitute “International”,

ii

in the text after sub-paragraph (b), for the words “either in” to the end substitute “Schedule 4;”,

m

after the definition of “genetically modified” insert—

• “the GMO Regulations” means—

  1. a

     in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 200258;

  2. b

     in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 200259;

  3. c

     in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 200260;

  4. d

     in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 200361;

• “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 200162;

ma

after the definition of “homogenous seed lot” insert—

• “International Authority“ means a GB authority or the NI authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means–

  1. a

     by or on behalf of a GB Authority;

  2. b

     by or on behalf of the NI Authority; or

  3. c

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

mb

in the definitions of “licensed crop inspector”, “licensed seed sampler” and “licensed seed testing station”, for sub-paragraph (b) substitute—

b

granted under provisions equivalent to that regulation by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority;

n

omit the definition of “licensed EC crop inspector”,

na

omit the definition of “National Authority”,

nb

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 to the Seeds (National Lists of Varieties) Regulations 200163;

nc

in the definitions of—

i

“official control”,

ii

“official label”, and

iii

“official sticker”,

for “European Authority” substitute “International Authority”,

nd

in the definition of “official field inspection”—

i

in sub-paragraph (a), for “European Authority” substitute “International Authority”,

ii

in sub-paragraph (b), omit the words “or a licensed EC crop inspector”,

ne

in the definition of “official post-control”, for “the relevant European Authority” substitute “an International Authority”,

nf

in the definition of “official post control the results of which have been satisfactory”—

i

for “the relevant European Authority” substitute “an International Authority”,

ii

for sub-paragraph (a)(ii) substitute—

ii

in the case of a GB Authority other than the Scottish Ministers, Parts I and II of Schedule 4;

ng

after the definition of “official sticker” insert—

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

nh

omit the definition of “protected zone quarantine pest”

ni

for the definition of “registered or licensed number” substitute—

• “registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provisions equivalent to that regulation by—

  1. a

     a GB Authority other than the Scottish Ministers; or

  2. b

     the NI Authority;

nj

in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”,

r

for the definition of “third country” substitute—

• “third country” means any country or territory other than the British Islands,

s

omit the definition of “Union quarantine pest”.

a

in the definition of “Pre-basic Seed”, for paragraph (c)(ii) substitute—

ii

certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed in the relevant part of the United Kingdom;

b

in the definition of “Basic Seed” (other than in relation to a component of a hybrid variety of fodder kale), for paragraph (d)(ii) substitute—

ii

certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraph (a) or (b) and paragraph (c) and the requirements for Basic Seed in the relevant part of the United Kingdom;

c

in the definition of “Basic Seed” (in relation to a component of a hybrid variety of fodder kale), for paragraph (c)(ii) substitute—

ii

certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed in the relevant part of the United Kingdom;

d

in the definition of “Certified Seed”, for paragraph (c)(ii) substitute—

ii

certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed in the relevant part of the United Kingdom;

e

in the definition of “Certified Seed of the First Generation”, for paragraph (c)(ii) substitute—

ii

certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;

f

in the definition of “Certified Seed of the Second Generation”, for paragraph (c)(ii) substitute—

ii

certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

g

in the definition of “Commercial Seed”, for paragraph (b) substitute—

b

certified by a GB Authority, other than the Scottish Ministers, as satisfying the requirements for Commercial Seed in the relevant part of the United Kingdom;

a

in paragraph (1)(b)(ii), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

aa

in paragraph (2)(c), omit “or Annex I (crop conditions) of the Fodder Plant Seed Directive”,

ab

in paragraph (3), for “European” substitute “International”,

b

an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority.

b

an authorisation has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority.

b

in paragraph (4)—

i

for sub-paragraph (a) substitute—

a

the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—

i

regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or

ii

the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 200164 for acceptance on to an NI Variety List;

ii

for sub-paragraph (b) substitute—

b

in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—

i

before the day on which IP Completion day falls, under Part C of the 2001 Deliberate Release Directive;

ii

under the Food and Feed Regulation; or

iii

under the GMO Regulations;

d

in paragraph (9), for “National List” to the end substitute “GB Variety List or an NI Variety List.”,

e

in paragraph (10), for “name of the Member State” to the end substitute “location of the trials within the United Kingdom”.

ii

for the definition of “region of origin” substitute—

• “region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if—

  1. a

     in the first sub-paragraph—

     1. i

        for “a Member State accepts”, there were substituted “the Scottish Ministers accept”;

     2. ii

        for “it shall”, there were substituted “they must”;

     3. iii

        for “It shall”, there were substituted “The Scottish Ministers must”;

     4. iv

        for “Member States”, there were substituted “Scottish Ministers”;

  2. b

     the second sub-paragraph was omitted.

b

in paragraph (3), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.

a

in paragraph (1)—

i

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

ii

for sub-paragraph (b) substitute—

b

i

any seed lot has, in order to make seed rapidly available, been certified by—

aa

a GB Authority other than the Scottish Ministers; or

bb

the NI Authority; and

ii

the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,

i

for “European Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,

c

in paragraph (5), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.

ii

for sub-paragraph (b) substitute—

b

sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

b

for paragraph (3)(b) substitute—

b

in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

a

for paragraph (4A)(b) substitute—

b

where seed is sealed in any part of the United Kingdom other than Scotland, be labelled in accordance with the requirements for labelling applicable to a Conservation Variety in the relevant part of the United Kingdom.

b

in paragraph (5)—

i

in the text before sub-paragraph (a), omit “EC” in both places it occurs,

ii

for sub-paragraph (b) substitute—

b

which is sealed in any part of the United Kingdom other than Scotland will satisfy the applicable requirements in the relevant part of the United Kingdom

c

in paragraph (8)—

i

in the text before sub-paragraph (a), omit “EC” in both places it occurs,

ii

for sub-paragraph (b) substitute—

b

which is sealed in any other part of the United Kingdom, must contain an official document in accordance with the applicable requirements for official documents and, as the case may be, for labelling of packages of mixtures of seeds, in the relevant part of the United Kingdom.

d

in paragraph (10)—

i

in the text before sub-paragraph (a), omit “EC” in both places it occurs,

ii

for sub-paragraph (a) substitute—

a

for packages sealed in—

i

Scotland, the appropriate particulars of the matters specified in Part II of Schedule 6 and paragraphs (3), (6)(a), (12) and (13), are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified;

ii

any other part of the United Kingdom, the appropriate particulars of the matters specified in accordance with the applicable requirements in the relevant part of the United Kingdom, are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; and

iii

for sub-paragraph (c) substitute—

c

the requirements of paragraph 17 of Part VI of Schedule 6 are satisfied in the case of a package sealed in any other part of the United Kingdom.

a

in paragraph (1)(c)—

i

in head (i), for the words “UK National List” to the end substitute “GB Variety List or an NI Variety List; or”,

ii

in head (ii), for the words “UK National List” to the end substitute “GB Variety List or an NI Variety List.”,

b

in paragraphs (5) and (6), for the words “UK National List” to “EEA State)” substitute “GB Variety List or an NI Variety List

b

for paragraph 4 (applications for seed harvested in an EEA State or third country) substitute—

Applications for seed harvested outside the United Kingdom4

1

Notwithstanding paragraphs 2 and 3, and subject to sub-paragraphs (2) and (3), on receipt of an application made in accordance with regulation 14(1) for the issue of an official certificate in respect of a seed lot as Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, the Scottish Ministers may issue an official certificate in respect of the seed lot containing the particulars specified in paragraph 1 of Schedule 3.

2

An official certificate may only be issued under sub-paragraph (1) if—

a

the seed has been—

i

produced directly from—

aa

fully certified Basic Seed or Certified Seed of the First Generation, or

bb

seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed or Certified Seed of the First Generation in accordance with these Regulations,

ii

harvested outside the United Kingdom, and

iii

shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of schedule 4 for the relevant category of seed;

b

the seed has been—

i

produced directly from the crossing of fully certified Basic Seed with seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed in accordance with these Regulations,

ii

harvested outside the United Kingdom, and

iii

shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed; or

c

the seed—

i

is to be certified by the Scottish Ministers as Basic Seed,

ii

has been produced directly from—

aa

fully certified Pre-basic Seed, or

bb

seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Pre-basic Seed in accordance with these Regulations,

iii

has been harvested outside the United Kingdom, and

iv

has been shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed.

3

In the case of seed which has been harvested in a country granted equivalence, an official certificate may only be issued under sub-paragraph (1) provided that—

a

the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Part 1 of schedule 4 (crop standards); and

b

has been packed in a sealed package in accordance with the requirements of regulation 16 (sealing of packages of fully certified seed) and has been labelled in accordance with the requirements of regulation 17 (labelling of packages of fully certified seed) and schedule 6.

c

in paragraph (7)(d) (when applications may be refused), for the words “UK National List (or to an equivalent list in an EEA State)” substitute “GB Variety List or an NI Variety List”.

d

in paragraph 6A(a) (official label for a package of test and trial seed)—

i

in head (ii), for “EEA State or their distinguishing abbreviation”, substitute “country or country initials”,

ii

for head (vii) substitute—

vii

the official application number in relation to the application for listing under—

aa

in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or

bb

in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 200165;

i

in Part V (information in respect of seed imported from countries which are not EEA States in packages exceeding 2 kilograms net weight)—

i

in the heading, for “which are not EEA States” substitute “outside the United Kingdom”,

ii

in paragraph 12 (information to be supplied in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms net weight)—

aa

in the heading, for “a country which is not an EEA State” substitute “outside the United Kingdom”,

bb

in the text before sub-paragraph (a), for “a country which is not an EEA State” substitute “outside the United Kingdom”,

j

in Part VI (printing of specified matters on packages (whole bag labelling)), in paragraph 17 (seed packages sealed in the United Kingdom but not in Scotland, or in an EEA State other than the United Kingdom)—

i

in the heading, for “in an EEA State other than the United Kingdom” substitute “outside the United Kingdom”,

ii

for “EEA State” in the first place where it occurs, substitute “country outside the United Kingdom”,

iii

for “EEA State” in the second place where it occurs substitute “country”,

iv

for “the Department of Agriculture and Rural Development” substitute “DAERA”.

a

in paragraph (1)(b)(i), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List

ba

in paragraph (4), for “a European” substitute “an International”,

e

in paragraph (6)—

i

omit “, by reason only of Article 3(2) (component varieties) of the Common Catalogue Directive,”,

ii

for “the UK National List” substitute “a GB Variety List or an NI Variety List”.

b

an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority.

b

an authorisation which has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

i

a GB Authority other than the Scottish Ministers; or

ii

the NI Authority.

b

in paragraph (4)—

i

for sub-paragraph (a) substitute—

a

the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—

i

regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or

ii

the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 200171 for acceptance on to an NI Variety List;

ii

for sub-paragraph (b) substitute—

b

in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—

i

before the day on which IP Completion day falls, under Part C of the 2001 Deliberate Release Directive;

ii

under the Food and Feed Regulation; or

iii

under the GMO Regulations;

d

in paragraph (9), for “UK National List” to the end substitute “GB Variety List or an NI Variety List.”,

e

in paragraph (10), for “names of the EEA states” to the end substitute “location of the trials within the United Kingdom.”.

b

in paragraph (3), for the words “from a country” to the end substitute “into Great Britain from a country granted equivalence.”.

a

in paragraph (1)—

i

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

ii

for sub-paragraph (b) substitute—

b

i

any seed lot has, in order to make seed rapidly available, been certified by—

aa

a GB Authority other than the Scottish Ministers; or

bb

the NI Authority; and

ii

the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,

i

for “European Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,

c

in paragraph (4), for the words “from a country” to the end substitute “into Great Britain from a country granted equivalence.”.

a

for paragraph (2)(b) substitute—

b

sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

b

in paragraph (5)—

i

in the words before sub-paragraph (a), omit “EC”,

ii

in sub-paragraph (b), for “National Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,

c

in paragraph (6), omit “EC.

a

in the definition of “Pre-basic Seed”, for paragraph 2(c)(ii) substitute—

ii

has been certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in sub-paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom.

b

in the definition of “Basic Seed”, for paragraph 3(c)(ii) substitute—

ii

has been certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in sub-paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom.

c

in the definition of “Certified Seed”, for paragraph 4(b)(ii) substitute—

ii

has been certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in sub-paragraph (a) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom.

b

in Part II (breeder’s confirmations), in paragraph (7)(d) (when applications may be refused), for “UK National List (or to an equivalent list in an EEA state)” substitute “GB Variety List or an NI Variety List”.