7.—(1) The Secretary of State may authorise the marketing of seed of a conservation variety in accordance with this paragraph.
(2) The seed must be of a variety listed as a conservation variety in the [F1GB Variety] List.
(3) The seed must be produced from a crop grown in the region of origin specified for the variety in the [F1GB Variety] List or as authorised by the Secretary of State.
(4) The seed may only be marketed and used in the stated region of origin.
(5) The total amount of seed marketed in any year must be limited in accordance with Article 14 of Commission Directive 2008/62/EC(1) (which relates to agricultural conservation varieties) and Article 15 of and Annex I to Commission Directive 2009/145/EC(2) (which relates to vegetable conservation varieties).
[F2(5A) For the purposes of sub-paragraph (5)—
(a)Article 14 of Commission Directive 2008/62/EC is to be read as if—
(i)in the first paragraph—
(aa)the words “Each Member State shall ensure that, ” were omitted;
(bb)for the reference to “that Member State” there were substituted “Great Britain”;
(ii)in the second paragraph—
(aa)the words “in each Member State” were omitted;
(bb)for the references to “the Member State”, in both places where it occurs, there were substituted “Great Britain”;
(b)Article 15 of Commission Directive 2009/145/EC is to be read as if—
(i)the words “Each Member State shall ensure that” were omitted;
(ii)for “does” there were substituted “must”.]
(6) Except in the case of seed of a vegetable conservation variety which is verified as standard seed, the seed must descend from seed produced according to well-defined practices for maintenance of the variety.
(7) In the case of beet seed, cereal seed, fodder plant seed and oil and fibre seed, the seed must comply with the requirements for certification of certified seed set out in [F3these Regulations], except the requirements in respect of minimal varietal purity and examination.
(8) Vegetable seed must comply with—
(a)the requirements for certification of certified seed set out in [F4Schedule 2], except the requirements in respect of minimal varietal purity and examination; or
(b)the requirements for marketing of standard seed set out in [F5these Regulations], except the requirements in respect of minimal varietal purity.
(9) Seed of a conservation variety must have sufficient varietal purity.
(10) The seed must not be sold as loose seed under paragraph 26 of Schedule 3.
(11) The seed must be labelled with a supplier’s label or a printed or stamped notice which, in addition to complying with the applicable provisions of the paragraph of Part 4 of Schedule 3 which applies to the type of seed in question (except provisions specifying a colour of label)—
(a)contains—
(i)in the case of an agricultural conservation variety, the words “conservation variety”, or
(ii)in the case of a vegetable conservation variety, the words “certified seed of a conservation variety” or “standard seed of a conservation variety”;
(b)states the region of origin; and
(c)is coloured brown.
(12) In this regulation “conservation variety” has the meaning given by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001(3).
Textual Amendments
F1Words in Sch. 4 para. 7(2)(3) substituted (31.12.2020) by S.I. 2019/131, regs. 1(b), 7(15)(d)(ai) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(5)(k)(i)(aa)); 2020 c. 1, Sch. 5 para. 1(1)
F2Sch. 4 para. 7(5A) 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(15)(d)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(5)(k)(i)(bb)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Sch. 4 para. 7(7) substituted (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(15)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Sch. 4 para. 7(8)(a) substituted (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(15)(d)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Sch. 4 para. 7(8)(b) substituted (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(15)(d)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
OJ No L 162, 21.6.2008, p. 13.
OJ No L 312, 27.11.2009, p. 44.
S.I. 2001/3510; the definition of “conservation variety” was inserted by S.I. 2009/1273 and substituted by S.I. 2011/464.