PART 1Introductory

Citation and commencement1

1

These Regulations may be cited as the Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019.

2

They come into force as follows—

a

as regards this Part and Part 2, 21 days after the day on which these Regulations are laid;

b

as regards Parts 3 to 5, on exit day.

PART 2Amendments made to out of date references

The Seeds (National Lists of Varieties) Regulations 20012

1

The Seeds (National Lists of Varieties) Regulations 20014 are amended as follows.

2

In regulation 2(1), for the definition of “the Novel Foods Regulation” substitute—

  • “the Novel Foods Regulation” means Council Regulation (EC) No 258/97 concerning novel foods and novel food ingredients5, as it applied immediately before 18 April 2004;

3

In Schedule 1, in Part 2, in paragraph 2—

a

for the table headed “Agricultural crop species” substitute—

Agricultural crop species

Name

Common Name

Alopecurus pratensis L

Meadow foxtail

Arachis hypogaea L

Groundnut (peanut)

Avena strigosa Schreb

Black oat, Bristle oat

Biserrula

Biserrula

Carthamus tinctorius L

Safflower

Carum carvi L

Caraway

Cynodon dactylon (L) Pers

Bermuda grass

Galega orientalis Lam

Fodder galega

Gossypium spp

Cotton

Hedysarum coronarium L

Sulla

Lathyrus cicera

Chickling vetch/Dwarf chickling vetch

Medicago doliata

Straight-spined medic

Medicago italica

Disc medic

Medicago littoralis

Shore medic/Strand medic

Medicago murex

Sphere medic

Medicago polymorpha

Bur medic

Medicago rugosa

Wrinkled medic/Gama medic

Medicago scutellata

Snail medic/Shield medic

Medicago truncatula

Barrel medic

Ornithopus compressus

Yellow serradella

Ornithopus sativus

Serradella

Oryza sativa L

Rice

Papaver somniferum L

Poppy

Phacelia tanacetifolia Benth

California bluebell

Phalaris aquatica L

Harding grass, Phalaris

Phalaris canariensis L

Canary grass

Plantago lanceolata

Ribwort plantain

Poa palustris L

Swamp meadowgrass

Sorghum bicolor (L) Moench

Sorghum

Sorghum sudanense (Piper) Stapf

Sudan grass

Sorghum bicolor (L) Moench x Sorghum Sudanese (Piper) Stapf.

Hybrids resulting from the crossing of Sorghum bicolor and Sorghum Sudanese

Trisetum flavescens (L) P Beauv

Golden oatgrass

Trifolium alexandrinum L

Berseem, Egyptian clover

Trifolium fragiferum

Strawberry clover

Trifolium glanduliferum

Glandular clover

Trifolium hirtum

Rose clover

Trifolium incarnatum L

Crimson clover

Trifolium isthmocarpum

Moroccan clover

Trifolium michelianum

Balansa clover

Trifolium resupinatum L

Persian clover

Trifolium squarrosum

Squarrose clover

Trifolium subterraneum

Subterranean clover

Trifolium vesiculosum

Arrow-leaf clover

Trigonella foenum-graecum L

Fenugreek

Vicia benghalensis

Purple vetch

b

after the table headed “Vegetable species” insert—

Vine species

Name

Common Name

Vitis

Vine

PART 3Amendments relating to withdrawal from the European Union

The Seeds (National Lists of Varieties) Regulations 20013

1

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

2

In regulation 2—

a

in paragraph (1)—

i

omit the definition of “the Commission Regulation”;

ii

in the definition of “the relevant legislation”, in sub-paragraph (c), for paragraphs (i) and (ii) substitute—

i

in relation to material authorised before exit day—

aa

the 1990 Directive, or

bb

the Deliberate Release Directive; and

ii

in relation to material authorised after exit day—

aa

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 20026;

bb

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 20027;

cc

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 20028;

dd

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 20039.

iii

in the definition of “varietal association”, in both places where it occurs, omit “or a Common Catalogue”;

iv

in the definition of “a variety known in the European Union”—

aa

in the words before paragraph (a), for “European Union” substitute “United Kingdom ”;

bb

omit sub-paragraphs (a)(ii) and (iii);

cc

in sub-paragraph (b), omit the words from “or” to “National List”;

dd

in the words after sub-paragraph (b), for “European Union” substitute “United Kingdom”;

b

omit paragraph 5.

3

In regulation 3(3)(b), for “to third countries” substitute “from the United Kingdom”.

4

In regulation 4(3)(b)—

a

for “Member State” substitute “country, the Channel islands or the Isle of Man”;

b

for “state” substitute “place”.

5

In regulation 5—

a

in paragraph 1, omit the words from “or by” to the end;

b

after paragraph 1 insert—

1A

The National Authorities may base acceptance of a variety on to a National List on the results of official growing trials conducted by competent authorities outside of the United Kingdom if the National Authorities are satisfied those growing trials are of equivalent standards to those carried out by or on behalf of the National Authorities.

c

in paragraph (3A)—

i

in sub-paragraph (a), for “Common Catalogue” substitute “National Lists”;

ii

in sub-paragraph (b)—

aa

for “Catalogue” substitute “National List”;

bb

for “or the competent seed certification authority in another member State in accordance with” substitute “consistently with”;

iii

in sub-paragraph (c), omit the words from “a Community” to “by”;

d

after paragraph (3A), insert—

3B

For the purposes of paragraph (3A)(b)—

a

Article 15(2) of the Common Catalogue Directive is to be read as if—

i

in the first paragraph, for “Member States” there were substituted “National Authorities”,

ii

the reference to “their own territories” were a reference to the territories in relation to which they have responsibility, and

ii

the second paragraph were omitted;

b

Article 15(2) of the Vegetable Seed Marketing Directive is to be read as if—

i

in the first paragraph, for “Member States” there were substituted “National Authorities”;

ii

the second paragraph were omitted.

e

omit paragraphs (5) and (6).

6

In regulation 6—

a

in paragraph (2)—

i

in sub-paragraph (a), for the words from “European Union” to the end substitute “United Kingdom is precluded by a prior right of a third party”;

ii

in sub-paragraph (c), for “article 4 of the Commission Regulation” substitute “regulation 3 of the Plant Breeders’ Rights (Naming and Fees) Regulations 200610”;

iii

in sub-paragraph (e), omit “in a member State”;

b

in paragraph (3)—

i

in sub-paragraph (a), for the words from “, as defined” to the end substitute “ of a member of the International Union for the Protection of New Varieties of Plants”;

ii

in sub-paragraph (b) omit the words from “, a list” to the end;

iii

in sub-paragraph (c), in the words before paragraph (i), for the words from “those” to the end substitute “these Regulations, in a country”;

iv

in sub-paragraph (d) omit the words from “, on a list” to the end;

c

in paragraph (4), for “a third” substitute “another”.

7

In regulation 8—

a

in paragraph (2), for “European Union” substitute “United Kingdom and available comparable varieties accepted onto the national lists of countries outside the United Kingdom which have comparable varietal listing procedures and similar growing conditions”;

b

in paragraph (3)—

i

omit “also”;

ii

for “not known in the European Union” substitute “in addition to those specified in paragraph (2)”.

8

In regulation 11—

a

in paragraph (2)—

i

in sub-paragraph (a)—

aa

for “a Common Catalogue” substitute “the National Lists”;

bb

for the words from “that an” to the end substitute “published by the National Authorities that”;

ii

in sub-paragraph (b), for “a Common Catalogue” substitute “the National Lists”;

iii

at the end of sub-paragraph (b), insert—

; and

c

in relation to a plant variety accepted on to a Common Catalogue, means a notice specifying that marketing of the variety is prohibited on either of those grounds.

b

in paragraph (4)—

i

in sub-paragraph (a), omit “ or a Common Catalogue; or”;

ii

omit sub-paragraph (b);

c

in paragraph (5), omit “or a Common Catalogue”.

9

In regulation 12(2)—

a

in sub-paragraph (a), omit “or another Member State”;

b

in sub-paragraph (b), omit “ third”.

10

In regulation 14—

a

in paragraph (2), for the words from “the Common” to “Marketing Directive” substitute “these Regulations”;

b

in paragraph (3), for the words from “European Union” to the end substitute “United Kingdom”.

11

In Schedule 2, in Part 1, in paragraph 1—

a

in sub-paragraph (1), for “European Union” substitute “United Kingdom or accepted onto an official register of plant varieties corresponding to a National List in a country outside the United Kingdom with similar growing conditions”;

b

for sub-paragraph (3) substitute —

3

Where, at the time when an application for acceptance of a variety is duly made, a variety is known in the United Kingdom (or accepted onto an official register of plant varieties corresponding to a National List in a country outside the United Kingdom with similar growing conditions), but when that application is determined the variety is no longer known in the United Kingdom (or accepted onto that official register), that variety must be disregarded for the purpose of determining distinctness as part of that application.

PART 4Amendment of retained direct EU legislation relating to withdrawal from the European Union

Commission Regulation (EC) 217/20064

1

Commission Regulation 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination is amended as follows.

2

Before Article 1 insert—

Article A1

1

In this Regulation—

  • “the appropriate authority” means—

    1. a

      in relation to England, the Secretary of State;

    2. b

      in relation to Wales, the Welsh Ministers;

    3. c

      in relation to Scotland, the Scottish Ministers;

    4. d

      in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

  • “responsible authority” means any authority who, in relation to any part of the United Kingdom, is the appropriate authority and is the Secretary of State if consent is given by—

    1. a

      in relation to Wales, the Welsh Ministers;

    2. b

      in relation to Scotland, the Scottish Ministers;

    3. c

      in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

  • “the Seeds Marketing Regulations” means—

    1. a

      in relation to England, the Seed Marketing Regulations 201111;

    2. b

      in relation to Wales, the Seed Marketing (Wales) Regulations 201212;

    3. c

      in relation to Scotland—

      1. i

        the Vegetable Seeds Regulations 199313;

      2. ii

        the Oil and Fibre Plant Seed (Scotland) Regulations 200414;

      3. iii

        the Cereal Seed (Scotland) Regulations 200515;

      4. iv

        the Fodder Plant Seed (Scotland) Regulations 200516; and

      5. v

        the Beet Seed (Scotland) (No 2) Regulations 201017;

    4. d

      in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 201618.

3

In Article 1—

a

for paragraph 1 substitute—

1

This Regulation lays down the rules applying to requests for permission temporarily to market seed which does not satisfy the requirements in respect of minimum germination in accordance with the Seeds Marketing Regulations.

b

in paragraph 2, for the words from “Directives” to the end substitute “Seeds Marketing Regulations”.

4

In Article 2—

a

for paragraph 1 substitute—

1

Interested suppliers or supplier organisations affected by supply difficulties in the United Kingdom and wishing to be authorised temporarily to market seed not satisfying the requirements in respect of minimum germination must submit to a responsible authority a request setting out the information referred to in Article 3. That authority must thereupon notify the other responsible authorities of the request.

b

in paragraph 2—

i

in the words before sub-paragraph (a), for the words “other Member” to “requesting Member State” substitute “the other responsible authorities may notify the authority to whom the request was made”;

ii

in sub-paragraph (b), for “Directives referred to in Article 1(1)” substitute “Seeds Marketing Regulations”;

c

for paragraph 3 substitute—

3

Seeds covered by the request up to the quantity requested may be marketed in the territory of the authority without satisfying the requirements of the Seeds Marketing Regulations if, within the period referred to in paragraph 2—

a

no offers or objections are notified to the authority to whom the request was made, or

b

where any offers are made, that authority and the responsible authority or authorities making those offers agree that the offers are unsuitable.

The authority to whom the request was made must publish the conditions under which the marketing is authorised, including the quantity allowed.

d

omit paragraph 4.

5

In Article 3(e), for “of the requesting Member State” substitute “in the United Kingdom”.

6

In Article 4—

a

for the words from “Without” to “Article 1(1)” substitute “In addition to any labelling required under the Seeds Marketing Regulations”;

b

for “those Directives” substitute “the relevant Seeds Marketing Regulations”.

7

In Article 5—

a

in paragraph 1—

i

in the words before point (a), for “Member States” substitute “responsible authorities”;

ii

in point (b), omit “for the Community”;

b

omit paragraphs 2 and 3.

8

Omit the words after Article 6.

Commission Decision 80/512/EEC5

1

Commission Decision 80/512/EEC authorising the Kingdom of Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom not to apply the conditions laid down in Council Directive 66/401/EEC on the marketing of fodder plant seed, as regards the weight of the sample for the determination of seed of Cuscuta is amended as follows.

2

Before Article 1 insert—

Article A1

In this Decision, “the appropriate authority” means—

a

in relation to England, the Secretary of State;

b

in relation to Wales, the Welsh Ministers;

c

in relation to Scotland, the Scottish Ministers;

d

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

3

In Article 1—

a

in paragraph 1—

i

for the words from “The Kingdom of Denmark” to “authorized” substitute “The appropriate authorities may decide”;

ii

omit “for them”;

iii

for “the Member State concerned” substitute “the territory in relation to which they have responsibility”;

b

omit paragraph 2.

4

Omit Article 3.

5

In the Annex, omit paragraphs 1 to 4.

Council Decision 2003/17/EC6

1

Council Decision 2003/17/EC on equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries is amended as follows.

2

Before Article 1 insert—

Article A1

1

In this Decision, “the Seeds Marketing Regulations” means—

a

in relation to England, the Seed Marketing Regulations 2011;

b

in relation to Wales, the Seed Marketing (Wales) Regulations 2012;

c

in relation to Scotland—

i

in relation to vegetable seed, the Vegetable Seeds Regulations 1993;

ii

in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004;

iii

in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005;

iv

in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005;

v

in relation to beet seed, the Beet Seed (Scotland) (No 2) Regulations 2010;

d

in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016.

3

In Articles 1 and 2—

a

omit “third”;

b

for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “the Seeds Marketing Regulations”.

4

In Article 3—

a

in paragraph 1—

i

for “Community”, in both places where it occurs, substitute “United Kingdom”;

ii

for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “the Seeds Marketing Regulations”;

iii

omit the second paragraph.

b

in paragraph 2—

i

for “Community” substitute “United Kingdom”;

ii

for “EC” substitute “UK”;

iii

in point (a)—

aa

for “Member States” substitute “the United Kingdom”;

bb

for “third countries” substitute “countries listed in Annex 1”;

iv

in point (b)—

aa

for “small EC” substitute “beet, fodder or vegetable seed, small”;

bb

for “Directives 66/401/EEC, 2002/54/EC or 2002/55/EC” substitute “the Seeds Marketing Regulations”.

5

Omit Article 7.

6

In Annex 2—

a

in paragraph A—

i

in the heading, for “third countries” substitute “countries listed in Annex 1”;

ii

in point 3, in the first indent, omit “Member State or third”;

b

in paragraph B—

i

in the heading, for “third countries” substitute “countries listed in Annex 1”;

ii

in point 1, in the second subparagraph, for “Community rules” substitute “the Seeds Marketing Regulations”;

iii

in point 2.1, for “laid down in” substitute “specified by the Seeds Marketing Regulations and ”;

iv

in point 3.1, in the first indent—

aa

for “Community rules” substitute “the Seeds Marketing Regulations”;

bb

for “EC” substitute “UK”;

v

in point 3.2, for “Community law” substitute “the law of the United Kingdom”;

vi

in point 3.5, for the words from “at least” to the end substitute “English and may also be given in other languages”;

vii

in point 5—

aa

in the first subparagraph, for “Community”, in both places where it occurs, substitute “United Kingdom”;

bb

for the second subparagraph substitute—

In the case of basic seed of other varieties, the seed of the preceding generations shall have been produced—

  • under the responsibility of the persons responsible for the maintenance of the variety referred to in the United Kingdom National Lists pursuant to regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001;

  • in a country which has been granted equivalence of checks on practices for the maintenance of varieties, under Council Decision 2005/834/EC; or

  • in an EEA State or Switzerland, provided the seed of the preceding generations was produced before the end of the period of two years beginning with exit day.

viii

in point 6—

aa

in the first indent, for “Community,” substitute “United Kingdom”;

bb

in the second indent, omit “third” and, at the end, insert “or”;

cc

after the second indent, insert—

  • in an EEA State or Switzerland, provided the seed of the preceding generations was produced before the end of the period of two years beginning with exit day.

Council Decision 2005/834/EC7

1

Council Decision 2005/834/EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries is amended as follows.

2

In Article 1—

a

omit “third”;

b

for “by the Member States” substitute “in the United Kingdom”.

3

Omit Articles 2, 3 and 6.

Commission Implementing Decision 2012/340/EU8

1

Commission Implementing Decision 2012/340/EU on the organisation of a temporary experiment under Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards field inspection under official supervision for basic seed and bred seed of generations prior to basic seed is amended as follows.

2

Before Article 1 insert—

Article A1

In this Decision—

  • “the appropriate authority” means—

    1. a

      in relation to England, the Secretary of State;

    2. b

      in relation to Wales, the Welsh Ministers;

    3. c

      in relation to Scotland, the Scottish Ministers;

    4. d

      in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

  • “the Seeds Marketing Regulations” means—

    1. a

      in relation to England, the Seed Marketing Regulations 2011;

    2. b

      in relation to Wales, the Seed Marketing (Wales) Regulations 2012;

    3. c

      in relation to Scotland--

      1. i

        the Vegetable Seeds Regulations 1993;

      2. ii

        the Oil and Fibre Plant Seed (Scotland) Regulations 2004;

      3. iii

        the Cereal Seed (Scotland) Regulations 2005;

      4. iv

        the Fodder Plant Seed (Scotland) Regulations 2005; and

      5. v

        the Beet Seed (Scotland) (No 2) Regulations 2010;

    4. d

      in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016;

  • “responsible authority” means any authority who, in relation to any part of the United Kingdom, is the appropriate authority.

3

In Article 1—

a

in the first paragraph, omit “at Union level”;

b

in the second paragraph, omit the words from “as regards the following provisions” to the end.

4

In Article 2—

a

in the words before point (a), for “Member States” substitute “responsible authorities”;

b

in point (c), for “the seed certification authority of the Member State concerned” substitute “the appropriate authority”;

c

in point (d), for “competent seed certification” substitute “appropriate”.

5

In Article 3—

a

in paragraphs 1, 4 and 5, for “Member States” substitute “responsible authorities”;

b

in paragraph 2, for the words from “laid down in” to the end, substitute “specified in the Seeds Marketing Regulations”;

c

in paragraph 3—

i

for “competent” substitute “appropriate”;

ii

omit “covered by Directive 2002/55/EC”.

6

In Article 4 —

a

in the first paragraph, for “Member State” substitute “responsible authority”;

b

in the second paragraph—

i

for “Member States”, in each place where it occurs, substitute “responsible authorities”;

ii

omit “the Commission and”;

c

in the third paragraph—

i

for “Member States” substitute “responsible authorities”;

ii

for “Commission” substitute “other responsible authorities”.

7

In Article 5—

a

for “Member States” substitute “responsible authorities”;

b

for “in respect of” substitute “from”;

c

omit the words from “, from” to the end.

8

In Article 6—

a

for “Member States”, in each place where it occurs, substitute “responsible authorities”;

b

in both places it occurs, omit “to the Commission and”.

9

Omit Article 8.

Commission Implementing Decision 2014/150/EU9

1

Commission Implementing Decision 2014/150/EU on the organisation of a temporary experiment providing for certain derogations for the marketing of populations of the plant species wheat, barley, oats and maize pursuant to Council Directive 66/402/EEC is amended as follows.

2

Before Article 1 insert—

Article A1

In this Decision--

  • “the appropriate authority” means—

    1. a

      in relation to England, the Secretary of State;

    2. b

      in relation to Wales, the Welsh Ministers;

    3. c

      in relation to Scotland, the Scottish Ministers;

    4. d

      in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

  • “responsible authority” means any authority who, in relation to any part of the United Kingdom, is the appropriate authority.

3

In Article 1(1) omit “at Union level”.

4

In Article 3—

a

in the heading omit “of Member States”;

b

for “Member State” substitute “responsible authority”;

c

for “Member States”, in each place where it occurs, substitute “responsible authorities”;

d

in paragraph 2, omit “the Commission and”;

e

in paragraph 3, for “Commission” substitute “other responsible authorities”.

5

In Articles 4, 6, 7, 10, 12, 17 and 18—

a

for “Member State”, in each place where it occurs, substitute “appropriate authority”;

b

for “Member States”, in each place where it occurs, substitute “responsible authorities”;

c

for “seed certification authority”, in each place where it occurs, substitute “appropriate authority”.

6

In Article 7(4) omit “and the Commission”.

7

In Article 8(1), for “Article 9(6) of Council Directive 2002/53/EC” substitute “the Plant Breeders’ Rights (Naming and Fees) Regulations 2006”.

8

In Article 12(1), for “in the participating Member State” substitute “in the territory for which the responsible authority in question is the appropriate authority”.

9

In Article 14, in the words before point (a), for the words from “seed” to “States” substitute “appropriate authority”.

10

In Article 18, in paragraphs 1 and 2, omit “the Commission and”.

11

Omit Article 20.

12

In Annex 1—

a

in point 2, for “seed certification authority and the Member state” substitute “appropriate authority”;

b

in point 9, for “Member State” substitute “Country”.

13

In Annex 2, in the last subparagraph, for “Member States” substitute “responsible authorities”.

14

In Annex 3—

a

in point (c), for “Member State” substitute “country”;

b

in point (d), for “Member States” substitute “responsible authorities”.

Commission Implementing Decision 2017/547/EU10

1

Commission Implementing Decision 2017/547/EU on the organisation of a temporary experiment under Council Directive 2002/56/EC as regards seed potato tubers derived from true potato seed is amended as follows.

2

In Article 1—

a

in paragraph (1), omit “at Union level”;

b

in paragraph (2)(h), for “Union” substitute “United Kingdom”.

3

In Article 2—

a

for “Union”, in each place where it occurs, substitute “United Kingdom”;

b

after point (d) insert—

e

“appropriate authority” means—

i

in relation to England, the Secretary of State;

ii

in relation to Wales, the Welsh Ministers;

iii

in relation to Scotland, the Scottish Ministers;

iv

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

f

“responsible authority” means any authority who, in relation to any part of the United Kingdom, is the appropriate authority;

g

“the Seed Potatoes Regulations” means—

i

in relation to England, the Seed Potatoes (England) Regulations 201519;

ii

in relation to Wales, the Seed Potatoes (Wales) Regulations 201620;

iii

in relation to Scotland, the Seed Potatoes (Scotland) Regulations 201521;

iv

in relation to Northern Ireland, the Seed Potatoes Regulations (Northern Ireland) 201622.

4

In Article 3—

a

for “Member State”, in each place where it occurs, substitute “responsible authority”;

b

for “Commission and the other Member States”, in both places it occurs, substitute “other responsible authorities”.

5

In Article 4—

a

in the first paragraph —

i

for “Member States” substitute “responsible authorities”;

ii

for “Directive 2002/56/EC” substitute “the Seed Potatoes Regulations,”;

iii

for point (a), substitute—

a

it is listed in the National Lists of plant varieties under regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001;

iv

omit point (b);

v

in point (c), for the words from “pursuant” to the end substitute “under regulation 4 of the Seeds (National Lists of Varieties) Regulations 2001”;

b

in the second paragraph—

i

omit “as referred to in Article 2(b)(i) of Directive 2002/56/EC”;

ii

omit the words from “as referred to in Article 2(c)(i)” to the end.

6

In Article 5, in the first paragraph—

a

in the first place where it occurs, for “Member State” substitute “responsible authority”;

b

for “participating Member State concerned” substitute “territory for which the responsible authority concerned is the appropriate authority”;

c

for “certification authority” substitute “appropriate authority”.

7

In Article 8(1)—

a

for “Member State” substitute “responsible authority”;

b

for “certification authority” substitute “appropriate authority”.

8

In Article 9—

a

in the first paragraph, for “Directive 2002/56/EC” substitute “the Seed Potatoes Regulations”;

b

in the last paragraph, for “at least one of the official languages of the Union” substitute “English and may also be given in other languages”.

9

In Article 10, in the first paragraph, for “Member States” substitute “responsible authorities”.

10

In Article 11, in the first paragraph—

a

for the words from “certification” to “States” substitute “responsible authorities”;

b

omit “Without prejudice to Article 23 of Directive 2002/56/EC, ”.

11

In Article 12—

a

in paragraph 1—

i

for “responsible official body in the participating Member State” substitute “appropriate authority”;

ii

for “Member States” substitute “responsible authorities”;

iii

omit the third sentence;

b

in paragraphs 2, 3 and 4—

i

for “Member State”, in each place where it occurs, substitute “responsible authority”;

ii

for “Commission and the other Member States”, in each place where it occurs, substitute “other responsible authorities”.

12

Omit Article 13.

13

In Annex 2—

a

in paragraph A, for “EU” substitute “UK”;

b

in paragraph B—

i

in point 1, for “EU” substitute “UK”;

ii

in point 2, for “responsible official body and the respective Member State,” substitute “appropriate authority”;

iii

in point 9, for “Member State” substitute “Country”;

c

in paragraph C—

i

in point 1, for “EU” substitute “UK”;

ii

in point 2, for “responsible official body and the respective Member State” substitute “appropriate authority”;

iii

in point 7, for “Member State” substitute “Country”.

14

In Annex 3, in point 2, omit the words from “, and,” to the end.

Amendment of the EEA agreement11

In Annex 1 to the EEA agreement, in Chapter 3 (Phytosanitary matters), in Section 2 (Application texts), in paragraphs 16, 22, 36 and 39, omit the words from “The provisions of the Decision shall” to the end.

PART 5Revocation of retained direct EU legislation relating to withdrawal from the European Union

Revocation of retained direct EU legislation12

The retained direct EU legislation listed in the Schedule is revoked.

Gardiner of KimbleParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs