The Seeds (National Lists of Varieties) Regulations 2001

Interpretation U.K.

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

[F1 “the 1990 Directive” means Council Directive 90/220/EEC(1) on the deliberate release into the environment of genetically modified organisms, as amended by Commission Directive 94/15/EC(2) and Commission Directive 97/35/EC(3);]

“authorised officer” means an officer authorised for the purposes of these Regulations by the Secretary of State, the National Assembly for Wales, the Scottish Ministers or the Department of Agriculture and Rural Development;

“a B List vegetable variety” means a variety whose seed may not be controlled except as standard seed;

“certified”, in relation to seed, has the same meaning as in the Seeds Marketing Regulations and “certification” shall be construed accordingly;

[F2 “the Commission Regulation” means Commission Regulation (EC) No 637/2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species, as amended from time to time;]

“a Common Catalogue” means, as the case may be, either the Common Catalogue of varieties of species of agricultural plants or the Common Catalogue of varieties of species of vegetables, both published in the Official Journal of the European Communities;

[F3 “the Common Catalogue Directive” means Council Directive 2002/53/EC(4) on the common catalogue of varieties of agricultural plant species, as amended by the Food and Feed Regulation;]

[F4 “conservation variety” means a landrace or plant variety of a species specified in Part I of Schedule 1 that is naturally adapted to the local and regional conditions (or, in the case of a vegetable variety, that has been traditionally grown in particular localities and regions) and is threatened by genetic erosion, and for these purposes—

(a)

“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and

(b)

“genetic erosion” means loss of genetic diversity between and within populations or varieties of the same species over time, or reduction of the genetic basis of a species due to human intervention or environmental change;]

[F5 “the Deliberate Release Directive” means Council Directive 2001/18/EC(5) on the deliberate release into the environment of genetically modified organisms, as amended by Commission Decision 2002/623/EC(6), Council Decision 2002/811/EC(7), the Food and Feed Regulation and Council Regulation (EC) No 1830/2003(8);]

“Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;

“derogated species” means a species of plant specified in Part II of Schedule 1;

[F6 “the Equivalence Decision” means Council Decision 2005/834/EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC(1);]

“the fees Regulations” means the Seeds (National Lists of Varieties) (Fees) Regulations 1994(2);

[F7 “the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003(9) on genetically modified food and feed;]

“the Gazette” means the Plant Varieties and Seeds Gazette published in accordance with section 34(1) of the Plant Varieties and Seeds Act 1964(3);

[F8 “genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;]

“maintainer”, in respect of a plant variety, means a person named in or ascertainable by reference to a National List as responsible for maintaining a variety in accordance with the characteristics to which regard was had when that variety was accepted on a National List; and “maintenance” shall be construed accordingly;

“name”, in respect of a plant variety, includes denomination;

“the National Authorities” means the Secretary of State, the National Assembly for Wales, the Scottish Ministers and the Department of Agriculture and Rural Development, acting jointly;

“the National Lists” means the lists of varieties of species of agricultural plants and varieties of species of vegetables, prepared and published in accordance with regulation 3 of these Regulations;

[F9 “the Novel Foods Regulation” means Council Regulation (EC) No 258/97(10) concerning novel foods and food ingredients, as amended by the Food and Feed Regulation and Council Regulation (EC) No 1882/2003(11);]

“official measures” includes official examinations, growing trials, tests and assessments;

“person affected”, in respect of a proposed relevant decision or a relevant decision, means—

(a)

any person to whom the National Authorities have given notice of the proposed relevant decision or the relevant decision;

(b)

any person appearing to the National Authorities to have a sufficient interest in the matter to which the decision relates; and

(c)

any person or organisation appearing to them to be representative of a class of persons likely to be affected by the decision;

[F10 “region of origin” means the region identified by the National Authorities when a conservation variety is accepted on to a National List as being the region in which the variety has historically been grown and to which it is naturally developed;]

“relevant decision” means a decision of the National Authorities—

(a)

under regulation 5 to accept or refuse to accept a plant variety on to a National List;

(b)

that they are satisfied a plant variety has a name suitable, in accordance with regulation 6, for publication in the Gazette;

(c)

to accept, or refuse to accept, an application under regulation 7;

(d)

to renew or not to renew the acceptance of a variety under regulation 13; or

(e)

to revoke the acceptance of a variety under regulation 14, replace the original acceptance of a variety under that regulation or delete the name of a person as the maintainer of a variety under regulation 14(4)(e);

[F11 “the relevant legislation” means—

(a)

in respect of a genetically modified variety any material derived from which is intended to be used as food or a food ingredient within the meaning of article 2 of Council Regulation (EC) No 178/2002(12) laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and falling within the scope of article 3 of the Food and Feed Regulation—

(i)

in relation to material authorised prior to 18 April 2004—

(aa)

the 1990 Directive; or

(bb)

the Deliberate Release Directive,

and the Novel Foods Regulation; and

(ii)

in relation to material authorised after 18 April 2004, the Food and Feed Regulation;

(b)

in respect of a genetically modified variety any material derived from which is intended to be used as feed or a feed ingredient within the meaning of article 3 of Council Regulation (EC) No 178/2002 and falling within the scope of article 15 of the Food and Feed Regulation —

(i)

in relation to material authorised prior to 18 April 2004—

(aa)

the 1990 Directive; or

(bb)

the Deliberate Release Directive; and

(ii)

in relation to material authorised after 18 April 2004, the Food and Feed Regulation; and

(c)

in respect of a genetically modified variety any material derived from which is intended to be used for any other purpose—

(i)

the 1990 Directive; or

(ii)

the Deliberate Release Directive;]

and “proposed relevant decision” and “proposal for a relevant decision” shall be construed accordingly;

“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“seeds” means seeds for sowing;

[F12 “the Seeds Marketing Directives” means—

(a)

Council Directive 2002/54/EC(13) on the marketing of beet seed, as last amended by Council Directive 2003/61/EC(14);

(b)

Council Directive 66/402/EEC(15) on the marketing of cereal seed, as last amended by Council Directive 2003/61/EC;

(c)

Council Directive 66/401/EEC(16) on the marketing of fodder plant seed, as last amended by Commission Directive 2004/55/EC(17);

(d)

Council Directive 2002/57/EC(18) on the marketing of oil and fibre plant seed, as last amended by Council Directive 2003/61/EC;

(e)

Council Directive 2002/56/EC(19) on the marketing of seed potatoes, as last amended by Council Directive 2003/61/EC; and

(f)

Council Directive 2002/55/EC(20) on the marketing of vegetable seed, as last amended by the Food and Feed Regulation;]

[F13 “the Seeds Marketing Regulations” means—

(a)

as respects England—

(i)

in relation to beet seed, cereal seed, fodder plant seed, oil and fibre plant seed and vegetable seed, the Seed Marketing Regulations 2011(7), and

(ii)

in relation to seed potatoes, the Seed Potatoes (England) Regulations 2006(8);

(b)

as respects Wales—

(i)

in relation to beet seed, the Beet Seed (Wales) Regulations 2005,

(ii)

in relation to cereal seed, the Cereal Seed (Wales) Regulations 2005,

(iii)

in relation to fodder plant seed, the Fodder Plant Seed (Wales) Regulations 2005,

(iv)

in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Wales) Regulations 2004,

(v)

in relation to vegetable seed, the Vegetable Seed (Wales) Regulations 2005(9), and

(vi)

in relation to seed potatoes, [F14 Seed Potatoes (Wales) Regulations 2016];

(c)

as respects Scotland—

(i)

in relation to beet seed, the Beet Seed (Scotland) (No. 2) Regulations 2010(11),

(ii)

in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005(12),

(iii)

in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005(13),

(iv)

in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004(14),

(v)

in relation to vegetable seed, the Vegetable Seeds Regulations 1993(15), and

(vi)

in relation to seed potatoes, [F15 Seed Potatoes (Scotland) Regulations 2015]; and

(d)

as respects Northern Ireland—

(i)

in relation to beet seed, the Beet Seeds Regulations (Northern Ireland) 2009(17),

(ii)

in relation to cereal seed, the Cereal Seeds Regulations (Northern Ireland) 2009(18),

(iii)

in relation to fodder plant seed, the Fodder Plant Seeds Regulations (Northern Ireland) 2009(19),

(iv)

in relation to oil and fibre plant seed, the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 2009(20),

(v)

in relation to vegetable seed, the Vegetable Seeds Regulations (Northern Ireland) 2009(21), and

(vi)

in relation to seed potatoes, the Seed Potatoes Regulations (Northern Ireland) 2010(22);]

[F16 “standard seed”, in relation to seed of a vegetable variety, has the same meaning—

(a)

as respects England, as in Part 5 of Schedule 2 to the Seed Marketing Regulations 2011,

(b)

as respects Wales, as in the Vegetable Seed (Wales) Regulations 2005,

(c)

as respects Scotland, as in the Vegetable Seeds Regulations 1993, and

(d)

as respects Northern Ireland, as in the Vegetable Seeds Regulations (Northern Ireland) 2009;]

“the Tribunal” means the tribunal continued as the Plant Varieties and Seeds Tribunal by section 42 of the Plant Varieties Act 1997(23);

“varietal association” means an association of—

(a)

certified seed of a male-sterile hybrid variety accepted on to a National List or a Common Catalogue; with

(b)

certified seed of one or more varieties capable of shedding pollen accepted on to a National List or a Common Catalogue,

mechanically combined in proportions jointly determined by the maintainers of all the varieties in the association;

“a variety known in the [F17 European Union]”, is any variety—

(a)

accepted on to—

(i)

a National List;

(ii)

a list of another member State corresponding to a National List; or

(iii)

a Common Catalogue, or

(b)

in respect of which an application for acceptance on to a National List or a list of another member State corresponding to a National List has been submitted and has not been determined,

and “a variety not known in the [F17 European Union]” shall be construed accordingly; and

[F18 “the Vegetable Seed Marketing Directive” means Council Directive 2002/55/EC on the marketing of vegetable seed, as last amended by the Food and Feed Regulation.]

(2) Subject to paragraph (3) below, in these Regulations “marketing” means—

(a) selling, holding with a view to sale and offering for sale; and

(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration; and “market” and “marketed” shall be construed accordingly.

(3) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—

(a) the supply of seed to official testing and inspection bodies; and

(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

shall not be regarded as marketing of seed of that variety.

(4) The functions of the National Authorities under these Regulations—

(a) in so far as they are exercisable by or on behalf of the Scottish Ministers, shall be treated as functions which are exercisable in or as regards Scotland;

(b) in so far as they are exercisable by or on behalf of the National Assembly for Wales, shall be treated as functions which are exercisable in or as regards Wales; and

(c) in so far as they are exercisable by or on behalf of the Department of Agriculture and Rural Development, shall be treated as functions which are exercisable in or as regards Northern Ireland.

(5) Expressions in these Regulations which are not defined in the preceding paragraphs of this regulation and which appear or are referred to in the Common Catalogue Directive have the same meaning in these Regulations as in that Directive; and expressions in these Regulations which are not defined in the preceding paragraphs of this regulation and which appear or are referred to in the Vegetable Seed Marketing Directive have the same meaning in these Regulations as in that Directive.

(6) A reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

Textual Amendments

F1 Words in reg. 2(1) inserted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(2)(a)

F2 Words in reg. 2(1) substituted (1.4.2011) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2011 (S.I. 2011/464), regs. 1, 2(2)(a)

F3 Words in reg. 2(1) substituted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(2)(b)

F4 Words in reg. 2(1) substituted (1.4.2011) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2011 (S.I. 2011/464), regs. 1, 2(2)(b)

F5 Words in reg. 2(1) inserted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(2)(c)

F6 Words in reg. 2(1) substituted (27.7.2007) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2007 (S.I. 2007/1871), regs. 1, 2(2)

F7 Words in reg. 2(1) inserted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(2)(e)

F8 Words in reg. 2(1) substituted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(2)(f)

F9 Words in reg. 2(1) inserted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(2)(g)

F10 Words in reg. 2(1) inserted (30.6.2009) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2009 (S.I. 2009/1273), regs. 1, 3(b)

F11 Words in reg. 2(1) inserted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(2)(h)

F12 Words in reg. 2(1) substituted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(2)(i)

F13 Words in reg. 2(1) substituted (1.4.2011) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2011 (S.I. 2011/464), regs. 1, 2(2)(c)

F14 Words in reg. 2(1) substituted (E.W.S.) (29.2.2016) by The Seed Potatoes (Wales) Regulations 2016 (S.I. 2016/106), regs. 1(2), 26

F15 Words in reg. 2(1) substituted (S.) (1.1.2016) by The Seed Potatoes (Scotland) Regulations 2015 (S.S.I. 2015/395), regs. 1(1), 22(1) (with reg. 21)

F16 Words in reg. 2(1) substituted (1.4.2011) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2011 (S.I. 2011/464), regs. 1, 2(2)(d)

F17 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F18 Words in reg. 2(1) substituted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(2)(l)

(1)

OJ No. L225, 12.10.1970, p. 1. (English Special Edition Supplement Series 1 (66-70) p. 36); as last amended by Council Directive 98/96/EC (OJ No. L25, 1.2.1999, p. 27).

(2)

S.I. 1994/676; amended by S.I. 1995/607, 1997/383, 1998/1022 and 1999/1090.

(3)

1964 c. 14; see section 38(1) for a definition of “the Ministers”. Under the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2(1) and Schedule 1, the functions of the Secretary of State transferred by the 1978 transfer order were transferred to the National Assembly for Wales. The functions of the Secretary of State for Scotland are, so far as they are exercisable within devolved competence, now exercisable by the Scottish Ministers by virtue of section 53(1) of the Scotland Act 1998 (c. 46).

(4)

OJ No. L117, 8.5.90, p. 15; as last amended by Commission Decision 98/294/EC, OJ No. L131, 5.5.98.

(5)

OJ No. 125, 11.7.66, p. 2297, OJ/SE 1965-66, p. 124.

(6)

OJ No. L25, 1.2.1999, p. 27.

(7)

OJ No. 125, 11.7.66, p. 2309, OJ/SE 1965-66, p. 143.

(8)

OJ No. L18, 23.1.1999, p. 1.

(9)

OJ No. L225, 12.10.1970, p. 7, OJ/SE 1970 (III), p.674.

(10)

S.I. 1993/2006, as amended by S.I. 1997/616, S.I. 1999/1861 and, as respects England, S.I. 2000/1791; and, as respects Scotland, S.S.I. 2000/246.

(11)

S.R. 1994 No. 251 as amended by S.R. 1997 No. 240, S.R. 2000 No. 52 and S.R. 2001 No. 331.

(12)

S.I. 1993/2005, as amended by S.I. 1995/1482, S.I. 1997/616, S.I. 1999/1860 and, as respects England, S.I. 1999/2196 and S.I. 2000/1793; and, as respects Scotland, S.S.I. 2000/248.

(13)

S.R. 1994 No. 254, as amended by S.R. 1995 No. 366, S.R. 1997 No. 240, S.R. 2000 No. 53, S.R. 2000 No. 128 and S.R. 2001 No. 330.

(14)

S.I. 1993/2009, as amended by S.I. 1993/2529, S.I. 1996/1453, S.I. 1997/616, S.I. 1999/1864 and, as respects England, S.I. 2000/1792; and as respects Scotland, S.S.I. 2000/247.

(15)

S.R. 1994 No. 252, as amended by S.R. 1996 No. 311, S.R. 1997 No. 240, S.R. 2000 No. 54 and S.R. 2001 No. 329.

(16)

S.I. 1993/2007, as amended by S.I. 1994/1423, S.I. 1996/1451, S.I. 1997/616, S.I. 1999/1862 and, as respects England, S.I. 2000/1789; and, as respects Scotland, S.S.I. 2000/249.

(17)

S.R. 1994, No. 255, as amended by S.R. 1996 No. 312, S.R. 1997 No. 240, S.R. 2000 No. 55 and S.R. 2001 No. 328.

(18)

S.I. 1991/2206, as amended by S.I. 1992/1031, S.I. 1993/1878, S.I. 1994/2592, S.I. 1997/1474 and, as respects England, S.I. 2000/1788; and, as respects Scotland, S.S.I. 2000/201.

(19)

S.S.I. 2000/201.

(20)

S.R. 2001 No. 188.

(21)

S.I. 1993/2008, as amended by S.I. 1996/1452 and 1997/616, S.I. 1999/1863 and, as respects England, S.I. 2000/1790; and, as respects Scotland, S.S.I. 2000/250.

(22)

S.R. 1994 No. 250, as amended by S.R. 1996 No. 313, S.R. 1997 No. 240, S.R. 2000 No. 56 and S.R. 2001 No. 327.

(23)

1997 c. 66.