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

PART 3 U.K. Amendments relating to withdrawal from the European Union

The Seeds (National Lists of Varieties) Regulations 2001 E+W+S

3.—(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 [F1 IP completion day]—

(aa) the 1990 Directive, or

(bb) the Deliberate Release Directive; and

(ii) in relation to material authorised after [F1 IP completion day]—

(aa) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M1 ;

(bb) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M2 ;

(cc) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M3 ;

(dd) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M4 .”;

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

F2 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ”.

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 M5 ”;

(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 [F4 GB Variety] Lists ”;

(bb) for the words from “that an” to the end substitute “ published by the [F5 appropriate authority] that ”;

(ii) in sub-paragraph (b), for “a Common Catalogue” substitute “ the [F6 GB Variety] Lists ”;

F7 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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”.

F8 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F9 GB 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 [F10 GB 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.”.

[F11 (12) In Schedule 2, in Part 3, omit paragraph (c).]

Textual Amendments

F1 Words in reg. 3(2)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(a)(i)

F2 Reg. 3(2)(a)(iv) omitted (31.12.2020 immediately before IP completion day) by virtue of The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(a)(ii)

F3 Reg. 3(5) omitted (31.12.2020 immediately before IP completion day) by virtue of The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(b)

F4 Words in reg. 3(8)(a)(i)(aa) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(c)(i)

F5 Words in reg. 3(8)(a)(i)(bb) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(c)(ii)

F6 Words in reg. 3(8)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(c)(i)

F7 Reg. 3(8)(a)(iii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(c)(iii)

F8 Reg. 3(9) omitted (31.12.2020 immediately before IP completion day) by virtue of The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(d)

F9 Words in reg. 3(11)(a) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(e)(i)

F10 Words in reg. 3(11)(b) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(e)(ii)

F11 Reg. 3(12) inserted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(f)

Commencement Information

I1 Reg. 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)

Marginal Citations

M1 S.I. 2002/2443, as amended by S.I. 2004/2411, 2018/575.

M2 S.I. 2002/3188 (W. 304), amended by S.I. 2005/2759, 2013/755 (W. 90).

M3 S.S. I. 2002/541, amended by S.I. 2004/439, 2015/100.

M4 S. R. 2003 No. 167.

M5 S.I. 2006/648, amended by S.I. 2018/942.