PART 4Seeds and seed potatoes: amendment of secondary legislation consequent on the withdrawal of the United Kingdom from the European Union

The Seed Marketing Regulations 2011F16

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The Seed Potatoes (England) Regulations 2015I27

1

The Seed Potatoes (England) Regulations 2015 are amended as follows.

F22

In regulation 1(3), for “the European Union” substitute “Great Britain”.

3

In regulation 2—

a

in the definition of “basic seed potatoes”, in sub-paragraph (b), for the words from “in accordance” to the end substitute—

, stating that the potatoes were certified as basic seed potatoes and the grade, in accordance with—

i

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

ii

in the case of seed potatoes produced in a Crown Dependency F3or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 2, 5, 7, 9, 10 and 11 of Part 1 of Schedule 2;

F4iii

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

b

in the definition of “category” omit the words from “ F5(or, in relation” to the end;

c

in the definition of “certification”—

i

renumber paragraphs (c) and (d) as paragraphs (a) and (b) respectively;

ii

in paragraph (b) (as renumbered), for the words from “in accordance” to the end substitute—

in accordance with—

i

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

ii

in the case of seed potatoes produced in a Crown Dependency F6or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to regulation 10(2) and (3);

F7iii

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

d

in the definition of “certified seed potatoes”—

i

renumber paragraphs (e) and (f) as paragraphs (a) and (b) respectively;

ii

in paragraph (b) (as renumbered), for the words from “in accordance” to the end substitute—

, stating that the potatoes were certified as certified seed potatoes and the grade, in accordance with—

i

in the case of seed potatoes produced in Wales, Part 1 of Schedule 2 of the Seed Potatoes (Wales) Regulations 2016 M1;

ii

in the case of seed potatoes produced in a Crown Dependency F8or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 3, 5, 7, 9, 10 and 11 of Schedule 2;

F9iii

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

e

after the definition of “Common Catalogue” insert—

  • F10“country granted equivalence” means a country that has been assessed by the Secretary of State that seed potatoes from that country are produced under conditions equivalent to the requirements of these Regulations;

  • “Crown Dependency” means the Isle of Man and any of the Channel Islands;

  • F11“equivalent grade” means—

    1. (a)

      for Northern Ireland, an equivalent Union grade;

    2. (b)

      for a Crown Dependency or a country granted equivalence, a grade recognised by the Secretary of State as being equivalent to a GB grade;

“equivalent Union grade” means—

a

for “ F12GB grade PBTC”, “Union grade PBTC”;

b

for “F12GB grade PB”, “Union grade PB”;

c

for “F12GB grade S”, “Union grade S”;

d

for “F12GB grade SE”, “Union grade SE”;

e

for “F12GB grade E”, “Union grade E”;

f

for “F12GB grade A”, “Union grade A”;

g

for “F12GB grade B”, “Union grade B”;

  • F13“GB Variety List” means a list of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations;

f

after the definition of “genetically modified” insert—

“the GMO regulations” means—

a

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

b

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

c

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M4;

d

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M5;

g

for the definition of “grade” substitute—

“grade” includes the F14GB grade;

h

in the definition of “marketing”, renumber paragraphs (g) and (h) as paragraphs (a) and (b) respectively;

F15i

omit the definition of “National List”;

j

in the definition of “official document”—

i

renumber paragraphs (k) and (l) as paragraphs (a) and (b) respectively;

ii

in paragraph (b) (as renumbered), for the words from “ requirements of” to the end substitute—

requirements of—

i

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

ii

in the case of seed potatoes produced in a Crown Dependency F16or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 2 of Schedule 2;

F17iii

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k

in the definition of “official label”—

i

renumber paragraphs (m) and (n) as paragraphs (a) and (b) respectively;

ii

in paragraph (b) (as renumbered), for the words from “requirements of” to the end substitute—

requirements of—

i

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

ii

in the case of seed potatoes produced in a Crown Dependency F18or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 1 of Schedule 2;

F19iii

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l

in the definition of “package or container”, renumber paragraphs (o) and (p) as paragraphs (a) and (b) respectively;

m

in the definition of “pre-basic seed potatoes”—

i

renumber paragraphs (q) and (r) as paragraphs (a) and (b) respectively;

ii

in paragraph (b) (as renumbered), for the words “in accordance” to the end substitute—

, stating that the potatoes were certified as pre-basic seed potatoes and the grade, in accordance with—

i

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

ii

in the case of seed potatoes produced in a Crown Dependency F20or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 1, 5, 6, 9, 10 and 11 of Part 1 of Schedule 2;

F21iii

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n

in the definition of “seed potatoes”, renumber paragraphs (s) and (t) as paragraphs (a) and (b) respectively;

o

for the definition of “seed potatoes of a conservation variety” substitute—

“seed potatoes of a conservation variety” means any variety of seed potatoes listed as a conservation variety in the F22GB Variety List;

F69p

in the definition of “seed potatoes produced outside England”—

F23i

renumber paragraph (u) as paragraph (a);

ii

omit paragraphs (v) and (w);

q

after the definition of “seed potatoes produced outside England” insert—

“the seed potatoes regulations” means—

a

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

b

in relation to Scotland, the Seed Potatoes (Scotland) Regulations 2015 M6;

c

in relation to Northern Ireland, the Seed Potatoes Regulations (Northern Ireland) 2016 M7;

and “the relevant seed potatoes regulations”, in relation to any constituent part of the United Kingdom, means the seed potatoes regulations applicable in relation to that part;;

r

in the definition of “test and trial seed potatoes”—

i

renumber paragraphs (x) and (y) as paragraphs (a) and (b) respectively;

ii

in paragraph (b) (as renumbered), for the words from “accordance with Article 9 of the Decision” substitute—

accordance with—

i

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

ii

in the case of seed potatoes produced in a Crown Dependency F24or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 4, 5, 8, 9, 10 and 11(c) of Part 1 of Schedule 2;

F25iii

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s

for the definition of “Union grade” substitute—

“Union grade” means, in relation to seed potatoes produced in F26Northern Ireland—

a

in the case of pre-basic seed potatoes, Union grade PBTC or Union grade PB, the minimum conditions for which are set out in Articles 2 and 3 of, and the Annex to, Directive 2014/21/EU M8;

b

in the case of basic seed potatoes, Union grade S or Union grade SE of Union Grade E, the minimum conditions for which are set out in Article 1 of, and the Annex 1 to, Directive 2014/20/EU M9;

c

in the case of certified seed potatoes, Union grade A or Union grade B, the minimum conditions for which are set out in Article 2 of, and the Annex 2 to, Directive 2014/20/EU;

t

after the definition of “Union grade” insert—

“F27GB grade” means—

a

in relation to seed potatoes produced in England, the F27GB grade determined in accordance with Schedule 4 during certification, this being—

i

in the case of pre-basic seed potatoes, F28GB grade PBTC or F28GB grade PB;

ii

in the case of basic seed potatoes, F28GB grade S, F28GB grade SE or F28GB grade E;

iii

in the case of certified seed potatoes, F28GB grade A or F28GB grade B;

b

in relation to seed potatoes produced in F29Scotland or Wales , F30GB grade determined in accordance with the relevant seed potatoes regulations;

F31u

omit paragraph (2)

v

omit paragraph (4).

4

In regulation 4, in paragraph (3)(b), for the words from “accordance with” to the end substitute—

accordance with—

i

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

ii

in the case of seed potatoes produced in a Crown Dependency F32or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to regulation 8;

F33iii

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F345

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6

In regulation 5—

F35za

in paragraph (1)(a), for “National List” substitute “GB Variety List”;

a

in paragraph (3), for the words from the beginning to “Directive 2008/62/EC” substitute “ Where the quantities specified in Article 14 of Directive 2008/62/ECM10 would otherwise be likely to be exceeded ”;

b

after paragraph (3) insert—

3A

For the purposes of paragraph (3), Article 14 of Directive 2008/62/EC is to be read as if—

a

in the first paragraph, in the first sentence—

i

the words “Each Member State shall ensure that” were omitted;

ii

for the words “does not exceed” there were substituted “ may not exceed ”;

iii

for the reference to “that Member State” there were substituted “ F36Great Britain ”;

b

in the second paragraph—

i

in the first sentence, for the reference to “each Member State” there were substituted “ F36Great Britain ”;

ii

for the references to “the Member State” in both places there were substituted “ F36Great Britain ”.

7

In regulation 6—

a

renumber the existing text as paragraph (1);

F37b

in sub-paragraph (b)—

i

in paragraph (i)—

aa

after “grade S”” insert “, for Northern Ireland,”;

bb

omit “or”;

ii

in paragraph (ii), after “grade SE”” insert “, Northern Ireland,”

c

after paragraph (b)(ii) insert—

F38iii

“GB grade S” or “GB grade SE” as set out in—

aa

for England, Part 2 of Schedule 4;

bb

for elsewhere in Great Britain, the relevant seed potatoes regulations; or

cc

for a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to Part 2 of Schedule 4.

F39d

in sub-paragraph (c)—

i

in paragraph (i), after “grade S” insert “, for Northern Ireland, ”;

ii

in paragraph (ii), after “grade SE” insert “, for Northern Ireland,”;

iii

in paragraph (iii), after “grade E” insert “, for Northern Ireland,”

e

after paragraph (c)(iii) insert—

F40iv

“GB grade S”, “GB grade SE” or “GB grade E” as set out in—

aa

for England, Part 2 of Schedule 4;

bb

for elsewhere in Great Britain, the relevant seed potatoes regulations; or

cc

for a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to Part 2 of Schedule 4.

F41f

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8

In regulation 8(2), for the words from “the Food and Feed Regulation” to the end substitute—

a

the Food and Feed Regulation;

b

the GMO regulations; or

c

before F42IP completion day , Part C of the Deliberate Release Directive

9

In regulation 9—

a

in paragraph (2)—

i

in sub-paragraph (a), for “in excess of that permitted by Article 7 of the Decision” substitute “ which exceeds the greater of 0.1% of the annual number of seed potatoes used in F43Great Britain and such quantity as the Secretary of State considers is sufficient to sow 10 hectares ”;

ii

in sub-paragraph (b), for the words from “the Food and Feed Regulation” to the end substitute—

i

the Food and Feed Regulation;

ii

the GMO regulations; or

iii

before F44IP completion day, Part C of the Deliberate Release Directive

F46b

in paragraph (6)(b), for “National List or the Common Catalogue” substitute “GB Variety List”;

c

in paragraph (8)(b), for “member State” substitute “ country ”.

10

In regulation 11(3)(b), for the words from “pursuant to the Directive” to the end substitute—

, in respect of the marketing of potatoes of that category, pursuant to—

i

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

ii

in the case of seed potatoes produced in a Crown Dependency F45or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to sub-paragraph (a),

F48iii

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11

In regulation 14(2)(b), for the words from “accordance with” to the end substitute—

accordance with—

i

in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

ii

in the case of seed potatoes produced in a Crown Dependency F47or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to sub-paragraph (a);

F49iii

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F5012

In regulation 16 and in the heading, for “European Union” substitute “British Islands”.

13

After regulation 23 insert—

Transitional provision for official labels on F51IP completion day23A

A label pre-printed before F51IP completion day which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for basic seed potatoes or certified seed potatoes for the purposes of any use of that label before the end of the period of one year beginning with the day after the day on which F51IP completion day falls.

14

Omit regulation 26(2).

15

In Schedule 1—

F68a

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

b

in paragraphs 5, 6, 8 and 11, for “Union”, in each place where it occurs, substitute “ F52GB ”.

16

In Schedule 2—

a

in paragraph 6(a), for “member State” substitute “ country ”;

b

in paragraph 7—

i

in sub-paragraph (a), for “EU” substitute “ F53GB ”;

ii

in sub-paragraph (b)(i), for “member State” substitute “ country ”;

F54c

in paragraph 8(b)—

i

in paragraph (i), for “member State” substitute “country”;

ii

in paragraph (vi), for “a National List” substitute “a GB Variety List”;

d

in paragraph 9—

i

for “required by” substitute “ specified in ”;

ii

at the end, insert “read as if, in point (a), for “ EC ” there were substituted “ F55GB ” ”;

e

in paragraph 11, for “Union”, in each place where it occurs, substitute “ F56GB ”.

17

In Schedule 3—

a

in the headings to Parts 1 and 2 for “Union” substitute “ F57GB ”;

b

in the table in Part 3, in column 2, for “Union”, in each place where it occurs, substitute “ F58GB ”.

18

Schedule 4 is amended in accordance with paragraphs 19 to 21.

19

In Part 1—

a

in the paragraph preceding Table 1, for “Union” substitute “ F59GB ”;

b

in Table 1—

i

in the heading to column 1, for “Union” substitute “ F60GB ”;

ii

in the row relating to grade “PB”, in column 2, in paragraph (1)(b), for “Union grade PB” substitute “ F60GB grade PB or F61equivalent grade ”.

20

In Part 2—

a

in the paragraph preceding Table 2, for “Union” substitute “ F62GB ”;

b

in Table 2—

i

in the heading to column 1, for “Union” substitute “ F63GB ”;

ii

in the row relating to grade “S”, in column 2, for “Union grade S” substitute “ F63GB grade S or F64equivalent grade ”;

iii

in the row relating to grade “SE”, in column 2, for “Union grade S or Union grade SE” substitute “ UK grade S, UK grade SE or equivalent Union grade ”;

iv

in the row relating to grade “E”, in column 2—

aa

in paragraph (1)(a), for “Union grade S or Union grade SE” substitute “ UK grade S, UK grade SE or equivalent Union grade ”;

bb

in paragraph (1)(b), for “Union grade S, Union grade SE or Union grade E” substitute “ UK grade S, UK grade SE, UK grade E or equivalent Union grade ”.

21

In Part 3—

a

in the paragraph preceding Table 3, for “Union” substitute “ F65GB ”;

b

in Table 3—

i

in the heading to column 1, for “Union” substitute “ F66GB ”;

ii

in column 2—

aa

for “Union grade A”, in both places where it occurs, substitute “ F66GB grade A or F67equivalent grade ”;

bb

for “Union grade B” substitute “ UK grade B or equivalent Union grade ”.

22

In the heading to Schedule 6, for “OTHER THAN A MEMBER STATE” substitute “ OUTSIDE THE BRITISH ISLANDS ”.

The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019I18

1

The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 M11 are amended as follows.

2

In regulation 7(5), in the text inserted as regulation 8A M12 of the Seed Marketing Regulations 2011 M13, after paragraph (3)(a), insert—

aa

is not vegetable seed of the species listed in the definition of “vegetables” in Article 2(1)(b) of Council Directive 2002/55/EC which is produced in Switzerland;

3

In regulation 8(2)(e), in the definition of “the fruit marketing regulations”, after paragraph (c), insert—

and “the relevant fruit marketing regulations”, in relation to any constituent part of the United Kingdom, means the fruit marketing regulations applicable in relation to that part;