42.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(5)(A) [F1(a) to (d)] of, and Annex I to, Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants(1), and the crop must satisfy the conditions in that Annex.
[F2(1A) For the purposes of sub-paragraph (1), Council Directive 2002/57/EC is to be read as if—
(a)in Article 2(5)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;
(b)in Annex 2, in Part 1, in paragraph 5C, the last sub-paragraph were omitted.]
(2) The seed produced by the crop must be sampled in accordance with Annex III to that Directive and must satisfy the conditions in Annex II to that Directive.
[F3(3) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(4) The crop and seed produced by the crop must comply with the requirements concerning [F4GB] quarantine pests, [F5PFA] quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.]
Textual Amendments
F1Words in Sch. 2 para. 42(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1(b), 7(13)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Sch. 2 para. 42(1A) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1(b), 7(13)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Sch. 2 para. 42(3)(4) substituted for Sch. 2 para. 42(3) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 4(3)(c)
F4Word in Sch. 2 para. 42(4) substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 2(2)(b)(ii)
F5Word in Sch. 2 para. 42(4) substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 2(2)(b)(i)
OJ No L 193, 20.7.2002, p. 74, as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p. 40).