2019 No. 162

Exiting The European Union
Seeds

The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019

Sift requirements satisfied

Made

Laid before Parliament

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred —

  1. a

    in relation to Part 1, by the powers mentioned in paragraphs (b) and (c);

  2. b

    in relation to Part 2, by section 2(2) of the European Communities Act 1972 M1;

  3. c

    in relation to Parts 3 to 5, by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M2.

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy M3.

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Annotations:
Marginal Citations
M1

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. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions in relation to Wales.

M3

S.I.1972/1811, to which there are amendments not relevant to these Regulations.

PART 1Introductory

Citation and commencementI91

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.

Annotations:
Commencement Information
I9

Reg. 1 in force at 25.2.2019, see reg. 1(2)(a)

F40Extent1A

Regulation 3 extends to England and Wales and Scotland.

PART 2Amendments made to out of date references

The Seeds (National Lists of Varieties) Regulations 2001I142

1

The Seeds (National Lists of Varieties) Regulations 2001 M4 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 ingredients M5, 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

Annotations:
Commencement Information
I14

Reg. 2 in force at 25.2.2019, see reg. 1(2)(a)

Marginal Citations
M4

S.I. 2001/3510; relevant amending instruments are S.I. 2004/2949, 2010/1195, 2011/1043, 2018/942.

M5

OJ No L 043, 14.02.1997, p.1; as last amended by Council Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p. 14).

PART 3Amendments relating to withdrawal from the European Union

The Seeds (National Lists of Varieties) Regulations 2001I123

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 F9IP completion day—

aa

the 1990 Directive, or

bb

the Deliberate Release Directive; and

ii

in relation to material authorised after F9IP completion day—

aa

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M6;

bb

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M7;

cc

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M8;

dd

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M9.

iii

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

F33iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

F115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 2006 M10”;

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 F13GB Variety Lists ”;

bb

for the words from “that an” to the end substitute “ published by the F18appropriate authority that ”;

ii

in sub-paragraph (b), for “a Common Catalogue” substitute “ the F34GB Variety Lists ”;

F38iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”.

F29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F14GB Variety 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 F37GB Variety 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.

F812

In Schedule 2, in Part 3, omit paragraph (c).

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

Commission Regulation (EC) 217/2006I194

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

      F35...

  • F12“the Department of Agriculture” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

  • F23“responsible authority” means—

    1. a

      in relation to shortages in supply of fodder seed, any authority who, in relation to any part of Great Britain, is the appropriate authority and, in relation to Northern Ireland, the Department of Agriculture, and is the Secretary of State if consent is given by—

      1. i

        in relation to Wales, the Welsh Ministers;

      2. ii

        in relation to Scotland, the Scottish Ministers;

      3. iii

        in relation to Northern Ireland, the Department of Agriculture;

    2. b

      in relation to shortages in supply of seed other than fodder seed, any authority who, in relation to any part of Great Britain, is the appropriate authority and is the Secretary of State if consent is given by—

      1. i

        in relation to Wales, the Welsh Ministers;

      2. ii

        in relation to Scotland, the Scottish Ministers;

  • “the Seeds Marketing Regulations” means—

    1. a

      in relation to England, the Seed Marketing Regulations 2011 M11;

    2. b

      in relation to Wales, the Seed Marketing (Wales) Regulations 2012 M12;

    3. c

      in relation to Scotland—

      1. i

        the Vegetable Seeds Regulations 1993 M13;

      2. ii

        the Oil and Fibre Plant Seed (Scotland) Regulations 2004 M14;

      3. iii

        the Cereal Seed (Scotland) Regulations 2005 M15;

      4. iv

        the Fodder Plant Seed (Scotland) Regulations 2005 M16; and

      5. v

        the Beet Seed (Scotland) (No 2) Regulations 2010 M17;

    4. d

      in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016 M18.

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 F41of fodder seed in the United Kingdom, or of seed other than fodder seed in Great Britain, 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/EECI16I215

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/ECI86

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 F19in relation to fodder seed, the relevant provisions of, the Seed Marketing Regulations (Northern Ireland) 2016.

  • F20a “country granted equivalence” means a country that has been assessed by, in relation to England, the Secretary of State, in relation to Wales, the Welsh Ministers, and in relation to Scotland, the Scottish Ministers that the seed from that country is produced under conditions equivalent to the requirements in the Seeds Marketing Regulations for seed to which those Regulations apply.

F53

In Article 1—

a

after “Decision” insert “and, in relation to Northern Ireland, field inspections concerning seed-producing crops of the species specified in Directive 66/401/EEC on the marketing of fodder plant seed only”;

b

omit “third”;

c

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

3A

In Article 2—

a

after “Decision”, in the first place where it occurs, insert “and, in relation to Northern Ireland, seed of the species specified in Directive 66/401/EEC on the marketing of fodder plant seed only”;

b

omit “third”;

c

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 ”;

F30ii

for “EC labels shall be used only” substitute “labels shall be used stating, in relation to fodder seed, “UK rules and standards”, and in relation to all other seed “GB rules and standards” only”

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 ”;

F16bb

for “EC rules and standards” substitute “in relation to fodder seed – “UK rules and standards”, and in relation to all other seed “GB rules and standards”;

F17v

in point 3.2, for “Community law” substitute “, in relation to fodder seed, the law of the United Kingdom, and in relation to seed other than fodder seed, the law of Great Britain”;

vi

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

F25vii

in point 5—

aa

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

bb

for the second sub-paragraph 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 GB Variety Lists pursuant to regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001 or the NI Variety Lists pursuant to legislation having equivalent effect to 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 a country granted equivalence and under the responsibility of the persons responsible for the maintenance of the variety.

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— “ F15in a country granted equivalence.”.

Council Decision 2005/834/ECF77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commission Implementing Decision 2012/340/EUF298

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commission Implementing Decision 2014/150/EUI209

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

      F36...

  • “responsible authority” means any authority who, in relation to any part of F31Great Britain, 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 F32, 13, 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—

F39za

in point 1, for “EU” substitute “GB”;

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/EUI710

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”;

F1b

in paragraph (2)(h), for “the Union” substitute “Great Britain”.

3

In Article 2—

F3a

for “the Union”, in each place where it occurs, substitute “Great Britain”;

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;

F22iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

“responsible authority” means any authority who, in relation to any part of F10Great Britain, is the appropriate authority;

g

“the Seed Potatoes Regulations” means—

i

in relation to England, the Seed Potatoes (England) Regulations 2015 M19;

ii

in relation to Wales, the Seed Potatoes (Wales) Regulations 2016 M20;

iii

in relation to Scotland, the Seed Potatoes (Scotland) Regulations 2015 M21;

F21iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F4GB Variety 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 “ F28GB ”;

b

in paragraph B—

i

in point 1, for “EU” substitute “ F24GB ”;

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 “ F27GB ”;

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 agreementI4I2211

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 legislationI17I112

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

Gardiner of Kimble Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

SCHEDULERevocation of retained direct EU legislation

Regulation 12

RegulationsI51

Commission Regulation (EC) No 1597/2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the format for national lists of the basic material of forest reproductive material.

Annotations:
Commencement Information
I5

Sch. para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I152

Commission Regulation (EC) No 1598/2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the provision of mutual administrative assistance by official bodies.

Annotations:
Commencement Information
I15

Sch. para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I63

Commission Regulation (EC) No 1602/2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the authorisation of a Member State to prohibit the marketing of specified forest reproductive material to the end-user.

Annotations:
Commencement Information
I6

Sch. para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

DecisionsI114

Commission Decision 2000/165/EC setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants under Council Directives 66/401/EEC, 66/402/EEC, 66/403/EEC and 69/208/EEC.

Annotations:
Commencement Information
I11

Sch. para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I185

Commission Decision 2002/984/EC on the continuation of Community comparative trials and tests on seeds and propagating material of gramineae, Triticum aestivum, Vitis vinifera, Brassica napus and Allium ascalonicum under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC.

Annotations:
Commencement Information
I18

Sch. para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I26

Commission Decision 2005/5/EC setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants of agricultural and vegetable species and vine under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC for the years 2005 to 2009.

Annotations:
Commencement Information
I2

Sch. para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I137

Commission Decision 2007/321/EC releasing the United Kingdom from certain obligations for the marketing of vegetable seed under Council Directive 2002/55/EC.

Annotations:
Commencement Information
I13

Sch. para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I25F267A

Commission Implementing Decision (EU) 2013/166 amending Council Directive 2008/72/EC to extend the derogation relating to import conditions for vegetable propagating and planting material, other than seed, from third countries.

I38

Commission Implementing Decision (EU) 2017/478 releasing certain Member States from the obligation to apply to certain species Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 1999/105/EC, 2002/54/EC, 2002/55/EC and 2002/57/EC on the marketing of fodder plant seed, cereal seed, material for the vegetative propagation of the vine, forest reproductive material, beet seed, vegetable seed and seed of oil and fibre plants respectively.

Annotations:
Commencement Information
I3

Sch. para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I109

Commission Implementing Decision (EU) 2017/925 temporarily authorising certain Member States to certify pre-basic material of certain species of fruit plants, produced in the field under non-insect proof conditions.

Annotations:
Commencement Information
I10

Sch. para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I23F610

Commission Implementing Decision (EU) 2019/119 amending Council Directive 2002/56/EC as regards the date laid down in Article 21(3) until which Member States are authorised to extend the validity of decisions concerning equivalence of seed potatoes from third countries.

I2411

Commission Implementing Decision (EU) 2019/120 amending Council Directive 2008/90/EC as regards the extension of the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries.

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. They are also made in part to amend legislation that is out of date.

These Regulations make amendments to legislation in the field of marketing of seed and plant propagating material.

Part 2 makes amendments to the Seeds (National Lists of Varieties) Regulations 2001 to amend a definition that is incorrect and to update the list of derogated species pursuant to Commission Implementing Decision (EU) 2017/478 releasing certain Member States from the obligation to apply to certain species Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 1999/105/EC, 2002/54/EC, 2002/55/EC and 2002/57/EC on the marketing of fodder plant seed, cereal seed, material for the vegetative propagation of the vine, forest reproductive material, beet seed, vegetable seed and seed of oil and fibre plants respectively (OJ No L 73, 18.3.2017, p. 29).

The remainder of the Regulations make amendments resulting from the United Kingdom's withdrawal from the European Union. Part 3 amends subordinate legislation, Part 4 amends retained direct EU legislation and Part 5 contains revocations.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.