The Marketing of Ornamental Plant Propagating Material Regulations 1999

Interpretation E+W+S

2.—(1) In these Regulations, unless the context otherwise requires–

• “Directive 77/93/EEC" means Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community F1 ;

• “Directive 98/56/EC" means Council Directive 98/56/EC on the marketing of propagating material of ornamental plants F2 ;

• “inspector" means any person authorised by the Minister to be an inspector for the purposes of these Regulations;

• “lot" means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;

• “marketing" means holding available or in stock, display with a view to sale, offering for sale, sale or delivery by a supplier to another person;

• “the Minister" means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State;

• “propagating material" means plant material intended for–

  (a)

  the propagation of ornamental plants; or

  (b)

  the production of ornamental plants; however, in the case of production from complete plants, the material used shall only be considered to be propagating material if the resulting ornamental plant is intended for further marketing;

• “propagation" means reproduction by vegetative or other means;

• “Regulation 2100/94" means Council Regulation 2100/94/EC on Community Plant Variety Rights F3 ;

• “supplier" means any person professionally engaged in the marketing or in the importation from third countries of propagating material; and

  “third country" means a country other than a member State.

(2) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.

Textual Amendments

F1 O.J. No. L26, 31.1.77, p. 20, as last amended by Commission Directive 98/2/EC (O.J. No. L15, 21.1.98, p. 34).

F2 O.J. No. L226, 13.8.98, p. 16.

F3 O.J. No. L227, 1.9.94, p. 1, as last amended by Council Regulation 2506/95/EC (O.J. No. L258, 28.10.95, p. 3).