The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019

The Seed Marketing Regulations 2011

7.—(1) The Seed Marketing Regulations 2011(1) are amended as follows.

(2) In regulation 3(1), after sub-paragraph(c), insert—

“(d) “country granted equivalence” means a country that has been granted equivalence under Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries;

(e) “Crown Dependency” means any of the Channel Islands or the Isle of Man.”.

(3) In regulation 4(2), for “European Union” substitute “United Kingdom”.

(4) In regulation 7, for “the Common Catalogue” substitute “an equivalent list in a country referred to in the Annex to Council Decision 2005/834/EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries”.

(5) After regulation 8 insert—

“Marketing of seed from a European Single Market State

8A.— (1) No person may market seed to which these Regulations apply which has been produced in a European Single Market State.

(2) Paragraph (1) does not apply to seed which meets the conditions specified in paragraph (3).

(3) The conditions are that the seed —

(a) is of a variety listed in the United Kingdom National List or the Common Catalogue;

(b) has been produced in compliance with the requirements set out in EU law including the Council Directives referred to in regulation 3(2)(a) to (e) and (i), and

(c) has been imported into England before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(6) In regulation 10, in paragraph (a), for the words from “variety” to the end substitute—

“variety—

(i) entered in the United Kingdom National List; or

(ii) entered in the Common Catalogue at any time before the end of the period of two years beginning with the day after the day on which exit day falls;”.

(7) For regulation 21A, substitute—

“21A.— (1) The Secretary of State may by licence exempt any person or class of person from compliance with any provision of these Regulations for the purposes of a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Plant Varieties and Seeds Act 1964(2).

(2) The duration of an experiment must not exceed 7 years.”.

(8) In regulation 26, omit “outside the European Union”.

(9) In regulation 27—

(a) in the heading and in paragraph (1), for “from outside the European Union” substitute “into the United Kingdom”;

(b) in paragraph (3), for “from a third country” substitute “into the United Kingdom ”;

(c) after paragraph (3) insert—

“(4) Paragraphs (1) and (3) do not apply to seed imported from a European Single Market State before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(10) In regulation 30, for “acts as the member State for the purposes of” substitute “may temporarily permit the marketing of seed not satisfying the requirements of minimum germination under conditions determined in accordance with”.

(11) After regulation 32, insert—

“Certification in a Crown Dependency

32A.   Any seed certified and labelled in a Crown Dependency under legislation recognised by the Secretary of State to have equivalent effect to these Regulations may be marketed in England.

Transitional provision for official labels on exit day

32B.   For the purposes of regulation 17 and paragraphs 7(1)(a) and 8(1)(a) of Schedule 3, an official label pre-printed before exit day containing the statement “EU Rules and Standards” may be used as an official label before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(12) In regulation 33A, omit paragraph (2).

(13) In Schedule 2—

(a) in paragraph 7—

(i) in sub-paragraph (1), after “Article 2(3)(A)”, insert “(a) to (d)”;

(ii) in sub-paragraph (3), for “Annex III to that Directive” substitute “Schedule 3”;

(iii) after sub-paragraph (5), insert—

“(6) For the purposes of this regulation, Council Directive 2002/54/EC is to be read as if—

(a) in Article 2(3)(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 1—

(i) in point A—

(aa) in paragraph 3, for “certification authority” there were substituted “Secretary of State”;

(bb) in the last paragraph, for the words from “the common” to “that Directive” there were substituted “United Kingdom National List”;

(ii) in point B, in paragraph 3(c)—

(aa) the reference to “Member States” were a reference to “The Secretary of State”;

(bb) the reference to “Community” were omitted.”;

(b) in paragraph 15—

(i) in sub-paragraph (1), after “Article 2(3)(A)”, insert “(a) to (d)”;

(ii) in sub-paragraph (2), after “that Directive”, in the first place where it occurs, insert “ (except paragraphs 1a(f) and 1b of Article 7)”;

(iii) after sub-paragraph (2), insert—

“(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 66/402/EEC is to be read as if—

(a) in Article 2(3)(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 Article 7—

(i) the reference to “Member States” were a reference to “The Secretary of State”;

(ii) in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “Secretary of State”.”;

(c) in paragraph 28—

(i) in sub-paragraph (1), after “Article 2(3)(A)”, insert “(a) to (d)”;

(ii) after sub-paragraph (1), insert—

“(1A) For the purposes of sub-paragraph (1), Council Directive 66/401/EEC is to be read as if—

(a) in Article 2(3)(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 1, in paragraph 4, in the second sub-paragraph, the words from “Upon” to the end were omitted.”;

(d) in paragraph 42—

(i) in sub-paragraph (1), after “Article 2(5)(A)”, insert “(a) to (d)”;

(ii) after sub-paragraph (1), insert—

“(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.”;

(e) in paragraph 43(2), omit “ or the Common Catalogue”;

(f) in paragraph 50—

(i) in sub-paragraph (1), after “Article 2(4)(A)” insert “(a) to (d)”;

(ii) in sub-paragraph (2), after “Article 25”, insert “ (except paragraphs 1a(f) and 1b)”;

(iii) after sub-paragraph (2), insert—

“(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 2002/55/EC is to be read as if—

(a) in Article 2(4)(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 Article 25—

(i) references to “Member States” were references to “the Secretary of State”;

(ii) in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “Secretary of State”.”.

(14) In Schedule 3—

(a) in paragraph 5(5), for the words from “one of” to the end substitute “English, but may also be in other languages”;

(b) in paragraph 6(1)—

(i) in paragraph (a), after “the name”, insert “ and country or country initials”;

(ii) omit paragraph (b);

(c) in paragraphs 7(1) and 8(1)—

(i) in paragraph (a), for “EU” substitute “UK”;

(ii) in paragraph (b), after “the name”, insert “and country or country initials”;

(iii) omit paragraph (c);

(d) in paragraph 9(1)—

(i) in paragraph (a), at the beginning, insert “the name and country or country initials of ”;

(ii) omit paragraph (b);

(e) in paragraphs 12(2)(a) and 14(1)(a), for “or the Common Catalogue” substitute “, or has been accepted onto the Common Catalogue and the seed is marketed before the end of the period of two years beginning with the day after the day on which exit day falls”;

(f) in paragraph 19—

(i) in sub-paragraph (2), omit “EC”;

(ii) in sub-paragraph (4)—

(aa) in paragraph (a), omit “EC”;

(bb) in paragraph (e), for “European Single Market State” substitute “country of production”;

(g) in paragraph 20(4)(a), for “EU” substitute “UK”;

(h) in paragraphs 21 and 22, omit “EC” in each place where it occurs;

(i) in paragraph 23—

(i) omit “EC” in each place where it occurs;

(ii) in sub-paragraphs (2)(c)(ii) and (d)(iii), for “European Single Market State” substitute “country of production”;

(j) in paragraphs 24 and 25, for “EU”, in each place where it occurs, substitute “UK”.

(15) In Schedule 4—

(a) in paragraph 4(1), for “the Directive” substitute “these Regulations”;

(b) in paragraph 5(2), for “from a third country” substitute “into the United Kingdom”;

(c) in paragraph 6, for “Council Directive 66/402/EEC” substitute “these Regulations”;

(d) in paragraph 7—

(i) after sub-paragraph 5, insert—

“(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 “the United Kingdom”;

(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 “the United Kingdom”;

(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”.”;

(ii) in sub-paragraph (7), for the words from “Council Directive 2002/54/EC” to “(as the case may be)” substitute “these Regulations”;

(iii) in sub-paragraph (8)—

(aa) in paragraph (a), for the words from “Council Directive 2002/55/EC” to “seed” substitute “Schedule 2”;

(bb) in paragraph (b), for “that Directive” substitute “these Regulations”;

(e) in paragraph 8—

(i) in sub-paragraph (3)(b), for the words from “in accordance” to the end substitute “having taken account of any available information from plant genetic resource organisations”;

(ii) in sub-paragraph (5)(a), for “EU” substitute “UK”;

(iii) in sub-paragraph (7), after “have”, in the first place where it occurs, insert “subject to sub-paragraph (8)”;

(iv) after sub-paragraph (7) insert—

“(8) For the purposes of this paragraph, Article 1(a) of Commission Directive 2010/60/EU is to be read as if the definition of “source area” contained in that Article defined it to mean an area designated as a special area of conservation or an area contributing to the conservation of plant genetic resources in accordance with retained EU law.”;

(f) in paragraph 10(1), omit the words from “of at least” to the end;

(g) in paragraph 11(2), omit “or the Common Catalogue”;

(h) in paragraph 12—

(i) the existing text becomes sub-paragraph (1);

(ii) in sub-paragraph (1)—

(aa) in the words before paragraph (a), omit “been authorised for cultivation under either”;

(bb) in paragraph (a), at the beginning, insert “before the day on which exit day falls, been authorised under”, and, at the end, omit “or”;

(cc) in paragraph (b), at the beginning, insert “been authorised under”, and, at the end, insert “, or”;

(dd) after paragraph (b), insert—

“(c) been authorised under the GMO Regulations.

(2) For the purpose of paragraph (1), “the GMO Regulations” means—

(a) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002(3);

(b) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002(4);

(c) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002(5);

(d) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003(6).”;

(i) in paragraph 13—

(i) in sub-paragraph (1), for “another European Single Market State or third country” substitute “a country granted equivalence”;

(ii) in sub-paragraph (3)—

(aa) omit paragraph (a);

(bb) in paragraph (b), omit “if the seed is from a third country”;

(cc) in the words after paragraph (b), omit “in both cases ”;

(j) omit paragraph 14 and its heading;

(k) in paragraph 15(3), for “Council Directive 2002/55/EC on the marketing of vegetable seed” substitute “these Regulations”;

(l) in paragraph 16—

(i) in the heading, for “another” substitute “a”;

(ii) in sub-paragraph (1)—

(aa) for “Seed” substitute “Before the end of the period of two years beginning with the day on which exit day falls, seed”;

(bb) in paragraph (a)(i), for the words from “either” to the end substitute “in a European Single Market State or a country granted equivalence”;

(cc) in paragraph (a)(ii), for “such a third country” substitute “a country granted equivalence”;

(dd) in paragraph (b), for “another” substitute “a”;

(iii) in sub-paragraph (3)(a), for “European Single Market State” substitute “country”;

(m) in paragraph 17—

(i) in the heading and, in sub-paragraph (1), in the words before paragraph (a), for “third country” substitute “country granted equivalence”;

(ii) in sub-paragraph (1)(a)(i), for the words from “a European Single Market State” to the end, substitute “the United Kingdom, a Crown Dependency (provided such seed has been produced under legislation recognised by the Secretary of State to have equivalent effect to these Regulations) or a country granted equivalence”;

(iii) for sub-paragraph (1)(a)(ii), substitute—

“(ii) the crossing of basic seed officially certified in the United Kingdom or a Crown Dependency (provided such seed has been produced under legislation recognised by the Secretary of State to have equivalent effect to these Regulations) with basic seed certified in a country granted equivalence;”;

(n) in paragraph 18, omit “ or the Common Catalogue”.

(1)

S.I. 2011/463, amended by S.I. 2011/2992, 2012/3035, 2016/613, 2017/288.

(2)

1964 c. 14.

(3)

S.I. 2002/2443, as amended by S.I. 2004/2411, 2005/2759, 2009/1892, 2018/575.

(4)

S.I. 2002/3188 (W. 304), amended by S.I. 2005/2759, 2013/755 (W. 90).

(5)

S.S. I. 2002/541, amended by S.I. 2005/2759 and 2011/1043; and by S.S.I 2004/439, 2015/100.

(6)

S. R. 2003 No. 167.