- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
2.—(1) In these Regulations—
“the appropriate authority” means—
in relation to England, the Secretary of State,
in relation to Wales, the Welsh Ministers,
in relation to Scotland, the Scottish Ministers,
in relation to Northern Ireland, any Northern Ireland Department;
“Council Directive 2008/90/EC” means Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production(1);
“Directive 93/48/EEC” means Commission Directive 93/48/EEC setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC(2);
“inspector” means a person appointed under regulation 19;
“plant breeders’ rights” mean rights granted in accordance with Part 1 of the Plant Varieties Act 1997(3) or Council Regulation (EC) No 2100/94 on Community plant variety rights(4);
“plant material” means the plants and materials described in regulation 3(1) and (2);
“producer” means any person involved professionally in the production or reproduction of plant material;
“supplier” means any producer or any person involved professionally in the marketing, preservation or treatment of plant material; and, from 30th September 2012, includes any person involved professionally in the importation of plant material.
(2) In these Regulations, “supplier’s list” means a written list kept by a supplier containing—
(a)the name of each variety marketed by the supplier and, where appropriate, its commonly known synonyms;
(b)the description of those varieties having regard to the characteristics specified in the Annex to Commission Directive 93/79/EEC setting out additional implementing provisions for lists of varieties of fruit plant propagating material and fruit plants, as kept by suppliers under Council Directive 92/34/EEC(5); and
(c)in the case of a written list kept by a producer—
(i)indications as to the maintenance of those varieties and the propagation system applied; and
(ii)any indications as to how those varieties differ from the other varieties that they most closely resemble.
(3) Any other expressions used in these Regulations that are also used in Council Directive 2008/90/EC have the same meaning in these Regulations as they have in that Directive.
OJ No L 267, 8.10.2008, p.8.
OJ No L 250, 7.10.93, p.1.
OJ No L 227, 1.9.1994, p1 as last amended by Council Regulation (EC) No 15/2008 (OJ No L 8, 11.1.2008, p2).
OJ No L 256, 14.10.93, p.25.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: