2009 No. 1273
The Seeds (National Lists of Varieties) (Amendment) Regulations 2009
Made
Laid before Parliament
Laid before the National Assembly for Wales
Coming into force
The Secretary of State and the Welsh Ministers are each designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the common agricultural policy of the European Community.
These Regulations make provision for a purpose mentioned in section 2(2) of that Act, and it appears to the Secretary of State and the Welsh Ministers that it is expedient for the reference in these Regulations to Commission Directive 2003/90/EC (setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species3) to be construed as a reference to that Commission Directive as amended from time to time.
The Secretary of State and the Welsh Ministers (the Welsh Ministers acting only in relation to Wales) make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19724.
Citation and commencementI11
These Regulations may be cited as the Seeds (National Lists of Varieties) (Amendment) Regulations 2009; they come into force on 30th June 2009.
AmendmentI22
The Seeds (National Lists of Varieties) Regulations 20015 are amended as follows.
Regulation 2 (interpretation)I33
In regulation 2(1)—
a
after the definition of “the Common Catalogue Directive”, insert—
“conservation variety” means a landrace or plant variety of a species specified in paragraph 1 of Part I of Schedule 1 that is naturally adapted to the local and regional conditions and 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;
b
after the definition of “person affected”, insert—
“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;
Regulation 5 (acceptance of plant varieties)I44
1
Regulation 5 is amended in accordance with this regulation.
2
After paragraph (2), insert—
2A
In respect of a conservation variety, the requirement in paragraph (1) to base acceptance on to a National List on the results of official measures does not apply if the National Authorities are satisfied that other information is sufficient for such acceptance.
3
For paragraph (3)(b), substitute—
b
the variety is stable and sufficiently uniform as described in paragraphs 2 and 3 of Part I of Schedule 2, and distinct as described in—
i
paragraph 1A of that Part, in the case of a conservation variety; or
ii
paragraph 1 of that Part, in any other case;
4
After paragraph (3)(c), insert—
ca
in respect of a conservation variety, it presents an interest for the conservation of plant genetic resources;
5
At the end of paragraph (3)(f) insert “(and a conservation variety may have more than one name if the names concerned are historically known and so suitable for publication)”.
6
After paragraph (3), insert—
3A
The National Authorities shall not accept a plant variety as a conservation variety on to a National List if—
a
it is already listed in the Common Catalogue of varieties of agricultural plant species as a variety other than a conservation variety;
b
having been so listed, it has been deleted from that Catalogue and it is less than two years since the deletion or the expiry of any extended period for certification and marketing granted by the Secretary of State, the Scottish Ministers, the Welsh Ministers, the Department of Agriculture and Rural Development or the competent seed certification authority in another member State in accordance with Article 15(2) of the Common Catalogue Directive; or
c
it is protected by a Community plant variety right as provided for in Council Regulation (EC) No 2100/94 on Community plant variety rights6 or by plant breeders’ rights granted under the Plant Varieties Act 19977, or where an application for such rights has been made but not finally determined.
Regulation 6 (naming of plant varieties)I55
1
In regulation 6(1), after “A name of a plant variety” insert “, other than a conservation variety,”.
2
After regulation 6(1), insert—
1A
A name of a plant variety of a conservation variety is suitable in accordance with this regulation for publication in the Gazette if the name is not unsuitable as described in paragraph (2)(a), (e) or (f).
Regulation 7 (maintainers of plant varieties)I66
1
In regulation 7(1), at the end insert—
, and, in the case of a conservation variety, in its region of origin
2
In regulation 7(5)(a), after “variety” insert—
, including, in the case of a conservation variety, maintaining it in its region of origin
Regulation 12 (maintenance of accepted plant varieties)I77
After regulation 12(2), insert—
2A
The maintainer of a conservation variety shall not maintain that variety except in its region of origin.
Schedule 2 (distinctness, stability and sufficient uniformity)I88
1
In Part I of Schedule 2, after paragraph 1 insert—
1A
1
A plant variety of a conservation variety is regarded as distinct if it satisfies the characteristics referred to in—
a
the technical questionnaires associated with the test protocols listed in Annex I to Directive 2003/90 applicable to the species in question, or
b
the technical questionnaires of the test guidelines listed in Annex II to that Directive, applicable to the species in question.
2
In this paragraph, “Directive 2003/90” means Commission Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species8, as amended from time to time.
2
In Part III of Schedule 2—
a
omit the word “or” immediately preceding paragraph (d); and
b
at the end of paragraph (d), add—
or
e
any conservation variety
(This note is not part of the Regulations)