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The Seeds (National Lists of Varieties) (Amendment) Regulations 2011

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Statutory Instruments

2011 No. 464

Agriculture

The Seeds (National Lists of Varieties) (Amendment) Regulations 2011

Made

2nd March 2011

Laid before Parliament

7th March 2011

Laid before the National Assembly for Wales

7th March 2011

Coming into force

1st April 2011

The Secretary of State and the Welsh Ministers are each designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Union.

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(3) to, the European Communities Act 1972.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State and the Welsh Ministers that it is expedient for any reference in these Regulations to any of the following EU instruments to be construed as a reference to that instrument as amended from time to time—

(a)

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 species(4),

(b)

Commission Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species(5), and

(c)

Commission Regulation (EC) No 637/2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species(6).

(1)

For the Secretary of State, see S.I. 1972/1811; for the Welsh Ministers, see S.I. 2010/2690. The power of the Secretary of State, as a designated Minister, to make regulations which extend to Scotland and Northern Ireland remains exercisable by virtue of section 57(1) of the Scotland Act 1998 (c. 46) and article 3(2) of S.I. 2000/2812 respectively.

(2)

1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.

(3)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006, and amended by the European Union (Amendment) Act 2008, Part 1 of the Schedule, and S.I. 2007/1388.

(4)

OJ No L 254, 8.10.2003, p. 7, as last amended by Commission Directive 2010/46/EU (OJ No L 169, 3.7.2010, p. 7).

(5)

OJ No L 254, 8.10.2003, p. 11, as last amended by Commission Directive 2010/46/EU.

(6)

OJ No L 191, 23.7.2009, p. 10.

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