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

The Seed Potatoes (England) Regulations 2015I17

1

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

F12

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 F2or 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;

F3iii

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b

in the definition of “category” omit the words from “ F4(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 F5or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to regulation 10(2) and (3);

F6iii

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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 F7or 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;

F8iii

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e

after the definition of “Common Catalogue” insert—

  • F9“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;

  • F10“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 “ F11GB grade PBTC”, “Union grade PBTC”;

b

for “F11GB grade PB”, “Union grade PB”;

c

for “F11GB grade S”, “Union grade S”;

d

for “F11GB grade SE”, “Union grade SE”;

e

for “F11GB grade E”, “Union grade E”;

f

for “F11GB grade A”, “Union grade A”;

g

for “F11GB grade B”, “Union grade B”;

  • F12“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 F13GB grade;

h

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

F14i

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 F15or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 2 of Schedule 2;

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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 F17or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 1 of Schedule 2;

F18iii

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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 F19or 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;

F20iii

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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 F21GB Variety List;

F68p

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

F22i

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 F23or 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;

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s

for the definition of “Union grade” substitute—

“Union grade” means, in relation to seed potatoes produced in F25Northern 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—

“F26GB grade” means—

a

in relation to seed potatoes produced in England, the F26GB grade determined in accordance with Schedule 4 during certification, this being—

i

in the case of pre-basic seed potatoes, F27GB grade PBTC or F27GB grade PB;

ii

in the case of basic seed potatoes, F27GB grade S, F27GB grade SE or F27GB grade E;

iii

in the case of certified seed potatoes, F27GB grade A or F27GB grade B;

b

in relation to seed potatoes produced in F28Scotland or Wales , F29GB grade determined in accordance with the relevant seed potatoes regulations;

F30u

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 F31or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to regulation 8;

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F335

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6

In regulation 5—

F34za

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 “ F35Great Britain ”;

b

in the second paragraph—

i

in the first sentence, for the reference to “each Member State” there were substituted “ F35Great Britain ”;

ii

for the references to “the Member State” in both places there were substituted “ F35Great Britain ”.

7

In regulation 6—

a

renumber the existing text as paragraph (1);

F36b

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—

F37iii

“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.

F38d

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—

F39iv

“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.

F40f

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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 F41IP 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 F42Great 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 F43IP completion day, Part C of the Deliberate Release Directive

F45b

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 F44or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to sub-paragraph (a),

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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 F46or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to sub-paragraph (a);

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F4912

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

13

After regulation 23 insert—

Transitional provision for official labels on F50IP completion day23A

A label pre-printed before F50IP 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 F50IP completion day falls.

14

Omit regulation 26(2).

15

In Schedule 1—

F67a

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

b

in paragraphs 5, 6, 8 and 11, for “Union”, in each place where it occurs, substitute “ F51GB ”.

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 “ F52GB ”;

ii

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

F53c

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 “ F54GB ” ”;

e

in paragraph 11, for “Union”, in each place where it occurs, substitute “ F55GB ”.

17

In Schedule 3—

a

in the headings to Parts 1 and 2 for “Union” substitute “ F56GB ”;

b

in the table in Part 3, in column 2, for “Union”, in each place where it occurs, substitute “ F57GB ”.

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 “ F58GB ”;

b

in Table 1—

i

in the heading to column 1, for “Union” substitute “ F59GB ”;

ii

in the row relating to grade “PB”, in column 2, in paragraph (1)(b), for “Union grade PB” substitute “ F59GB grade PB or F60equivalent grade ”.

20

In Part 2—

a

in the paragraph preceding Table 2, for “Union” substitute “ F61GB ”;

b

in Table 2—

i

in the heading to column 1, for “Union” substitute “ F62GB ”;

ii

in the row relating to grade “S”, in column 2, for “Union grade S” substitute “ F62GB grade S or F63equivalent 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 “ F64GB ”;

b

in Table 3—

i

in the heading to column 1, for “Union” substitute “ F65GB ”;

ii

in column 2—

aa

for “Union grade A”, in both places where it occurs, substitute “ F65GB grade A or F66equivalent 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 ”.