The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018

The Seeds (National Lists of Varieties) Regulations 2001

42.—(1) The Seeds (National Lists of Varieties) Regulations 2001(1) are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “the Deliberate Release Directive”, for the words from “amended by” to the end substitute “last amended by Directive (EU) 2015/412 of the European Parliament and of the Council(2)”;

(b) in the definition of “the Equivalence Decision”, for “and amending Decision 2003/17/EC” substitute “, as last amended by Council Regulation (EU) 517/2013(3)”;

(c) in the definition of “the Food and Feed Regulation”, at the end insert “, as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council(4)”;

(d) for the definition of “the Novel Foods Regulation” substitute—

““the Novel Foods Regulation” means Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods(5);”;

(e) for the definition of “the Seeds Marketing Directives” substitute—

““the Seeds Marketing Directives” means—

(a)

the Vegetable Seed Marketing Directive;

(b)

Council Directive 66/401/EEC on the marketing of fodder plant seed(6);

(c)

Council Directive 66/402/EEC on the marketing of cereal seed(7);

(d)

Council Directive 2002/54/EC on the marketing of beet seed(8);

(e)

Council Directive 2002/56/EC on the marketing of seed potatoes(9); and

(f)

Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants(10);”;

(f) in the definition of “the Seeds Marketing Regulations”—

(i) in paragraph (a)(ii), for “the Seed Potatoes (England) Regulations 2006(11)” substitute “the Seed Potatoes (England) Regulations 2015(12)”;

(ii) for paragraphs (b)(i) to (v) substitute—

“(i) in relation to beet seed, cereal seed, fodder plant seed, oil and fibre plant seed and vegetable seed, the Seed Marketing (Wales) Regulations 2012(13);”;

(iii) for paragraphs (d)(i) to (v) substitute—

“(i) in relation to beet seed, cereal seed, fodder plant seed, oil and fibre plant seed and vegetable seed, the Seed Marketing Regulations (Northern Ireland) 2016(14);”;

(iv) in paragraph (d)(vi), for “the Seed Potatoes Regulations (Northern Ireland) 2010(15)” substitute “the Seed Potatoes Regulations (Northern Ireland) 2016(16)”;

(g) in the definition of “standard seed”—

(i) in paragraph (b), for “the Vegetable Seed (Wales) Regulations 2005(17)” substitute “Part 5 of Schedule 2 to the Seed Marketing (Wales) Regulations 2012”;

(ii) in paragraph (d), for “the Vegetable Seeds Regulations (Northern Ireland) 2009(18)” substitute “Part 5 of Schedule 2 to the Seed Marketing Regulations (Northern Ireland) 2016”;

(h) in the definition of “the Vegetable Seed Marketing Directive”, for “the Food and Feed Regulation” substitute “Commission Implementing Directive (EU) 2016/317(19)”.

(3) In regulation 3(2), in the words after sub-paragraph (b)—

(a) for “the Vegetable Seed (Wales) Regulations 2005” substitute “Part 5 of Schedule 2 to the Seed Marketing (Wales) Regulations 2012”;

(b) for “the Vegetable Seeds Regulations (Northern Ireland) 2009” substitute “Part 5 of Schedule 2 to the Seed Marketing Regulations (Northern Ireland) 2016”.

(4) In regulation 5(3)(e), for the words from “or a food ingredient” to “or food ingredient” substitute “within the definition of “novel food” in Article 3(2)(a) of the Novel Foods Regulation, the food”.

(5) In regulations 14(4)(c) and 15(2)(e), for “article 2(1)” substitute “Article 2(2)(b)”.

(1)

S.I. 2001/3510, amended by S.I. 2004/2949, 2011/464; there are other amending instruments but none is relevant.

(2)

OJ No L 68, 13.3.2015, p 1.

(3)

OJ No L 158, 10.6.2013, p 1, as last amended by Regulation (EU) 2016/1076 of the European Parliament and of the Council (OJ No L 185, 8.7.2016, p 1).

(4)

OJ No L 97, 9.4.2008, p 64.

(5)

OJ No L 327, 11.12.2015, p 1.

(6)

OJ No 125, 11.7.1966, p 2298, as last amended by Commission Implementing Directive (EU) 2016/2109 (OJ No L 327, 2.12.2016, p 59).

(7)

OJ No 125, 11.7.1966, p 2309, as last amended by Commission Implementing Directive (EU) 2016/317 (OJ No L 60, 5.3.2016, p 72).

(8)

OJ No L 193, 20.7.2002, p 12, as last amended by Commission Implementing Directive (EU) 2016/317.

(9)

OJ No L 193, 20.7.2002, p 60, as last amended by Commission Implementing Directive (EU) 2016/317.

(10)

OJ No L 193, 20.7.2002, p 74, as last amended by Commission Implementing Directive (EU) 2016/317.

(11)

S.I. 2006/1161, revoked by S.I. 2015/1953.

(12)

S.I. 2015/1953, to which there are amendments not relevant to these Regulations.

(13)

S.I. 2012/245 (W. 39), to which there are amendments not relevant to these Regulations.

(14)

S.R. 2016 No. 244.

(15)

S.R. 2010 No. 350, revoked by S.R. 2016 No. 190.

(16)

S.R. 2016 No. 190, to which there are amendments not relevant to these Regulations.

(17)

S.I. 2005/3035 (W. 223), revoked by SI 2012/245 (W. 39).

(18)

S.R. 2009 No. 387, revoked by S.R. 2016 No. 244.

(19)

OJ No L 60, 5.3.2016, p 72.