Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in the exercise of the powers conferred by section 8(1) of 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 section 8(2)(a), (b) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of plant variety rights. Part 2 revokes retained EU law in this field. Part 3 makes provision in relation to existing Community Plant Variety Rights which have effect in the UK. Part 4 makes provision in relation to the treatment of applications for Community Plant Variety Rights which are unresolved when these Regulations come into force. Part 5 makes amendments to primary and secondary legislation in the field of plant variety rights and to the EEA agreement.

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