EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Seed Marketing Regulations 2011 (S.I. 2011/463) (“the principal Regulations”) to implement Commission Directive 2010/60/EU providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment (OJ No L 228, 31.8.2010, p.10) and Commission Decision 2011/180/EU implementing Council Directive 2002/55/EC as regards conditions under which the placing on the market of small packages of mixtures of standard seed of different vegetable varieties belonging to the same species may be authorised (OJ No L 78, 24.3.2011, p. 55).

Regulations 4 and 6 provide for the marketing of mixtures of different varieties of standard vegetable seed of the same species and regulation 7 amends Schedule 3 to the principal Regulations to make provision for the labelling of such seed.

Regulation 5 requires the Secretary of State to review the operation and effect of the principal Regulations and publish a report within five years from 6th January 2012 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the principal Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke or amend them.

Regulation 8 implements the provisions of Commission Directive 2010/60/EU on the granting of authorisation for the marketing of preservation mixtures of seed and the requirements for the labelling of such seed.

A transposition note for the implementation of Commission Directive 2010/60/EU is available from the Food and Environment Research Agency, Whitehouse Lane, Huntingdon Road, Cambridge CB3 OLF.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector, in relation to the transposition of Commission Directive 2010/60/EU and Commission Decision 2011/180/EU, is available from that same address, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.