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 20157

1

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

2

In regulation 1(3), for “European Union” substitute “United Kingdom”.

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, 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;

iii

in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) of the Directive;

b

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

iii

in the case of seed potatoes produced in a member State or Switzerland, the Directive;

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 201610;

ii

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

iii

in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) of the Directive;

e

after the definition of “Common Catalogue” insert—

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

  • “equivalent Union grade” means—

    1. a

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

    2. b

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

    3. c

      for “UK grade S”, “Union grade S”;

    4. d

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

    5. e

      for “UK grade E”, “Union grade E”;

    6. f

      for “UK grade A”, “Union grade A”;

    7. g

      for “UK grade B”, “Union grade B”;

f

after the definition of “genetically modified” insert—

  • “the GMO regulations” means—

    1. a

      in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 200211;

    2. b

      in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 200212;

    3. c

      in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 200213;

    4. d

      in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 200314;

g

for the definition of “grade” substitute—

  • “grade” includes the United Kingdom grade;

h

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

i

for the definition of “National List” substitute—

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

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, legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 2 of Schedule 2;

iii

in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(b) of the Directive;

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, legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 1 of Schedule 2;

iii

in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) or 18(f) of the Directive or Article 9 of the Decision;

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, 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;

iii

in the case of seed potatoes produced in a member State or Switzerland, Article 18(f) of the Directive;

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 National List;

p

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

i

renumber paragraphs (u), (v) and (w) as paragraphs (a), (b) and (c) respectively;

ii

in paragraph (b) (as renumbered), omit “other than the United Kingdom”;

q

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

  • “the seed potatoes regulations” means—

    1. a

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

    2. b

      in relation to Scotland, the Seed Potatoes (Scotland) Regulations 201515;

    3. c

      in relation to Northern Ireland, the Seed Potatoes Regulations (Northern Ireland) 201616;

    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, 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;

iii

in the case of seed potatoes produced in a member State or Switzerland, Article 9 of the Decision;

s

for the definition of “Union grade” substitute—

  • “Union grade” means, in relation to seed potatoes produced in a member State or Switzerland —

    1. 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/EU17;

    2. 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/EU18;

    3. 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—

  • “United Kingdom grade” means—

    1. a

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

      1. i

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

      2. ii

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

      3. iii

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

    2. b

      in relation to seed potatoes produced in the United Kingdom other than in England, the United Kingdom grade determined in accordance with the relevant seed potatoes regulations;

u

in paragraph (2), omit the words from “in accordance” to the end;

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, legislation recognised by the Secretary of State as having equivalent effect to regulation 8;

iii

in the case of seed potatoes produced in a member State or Switzerland, Article 6(1)(a) of the Directive.

5

After regulation 4 insert—

Marketing of seed potatoes from the EU or Switzerland4A

1

No person may market in England any seed potatoes produced in a member State or Switzerland.

2

Paragraph (1) does not apply to seed potatoes which meet the conditions set out in paragraph (3).

3

The conditions are that the seed potatoes—

a

are of a variety listed in the National List or in the Common Catalogue;

b

have complied with the requirements of the Directive; and

c

have been imported into England before the end of the period of one year beginning with the day after the day on which exit day falls.

4

Paragraph (1) is subject to regulations made under section 16(1A) of the Act regulating the importation of seed potatoes.

6

In regulation 5—

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/EC19 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 “the United Kingdom”;

b

in the second paragraph—

i

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

ii

for the references to “the Member State” in both places there were substituted “the United Kingdom”.

7

In regulation 6—

a

renumber the existing text as paragraph (1);

b

in paragraph (b)(i), omit “or”;

c

after paragraph (b)(ii) insert—

iii

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

aa

for England, Part 2 of Schedule 4;

bb

for elsewhere in the United Kingdom, the relevant seed potatoes regulations; or

cc

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

d

in paragraph (c)(ii), omit “or”;

e

after paragraph (c)(iii) insert—

iv

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

aa

for England, Part 2 of Schedule 4;

bb

for elsewhere in the United Kingdom, the relevant seed potatoes regulations; or

cc

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

f

after paragraph (1) (as renumbered), insert—

2

Sub-paragraphs (b)(i) and (ii) and (c)(i), (ii) and (iii) of paragraph (1) do not apply after the end of the period of one year beginning with the day after the day on which exit day falls.

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 exit 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 the United Kingdom 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 exit day, Part C of the Deliberate Release Directive

b

in paragraph (6)(b), omit “or the Common Catalogue”;

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

iii

in the case of seed potatoes produced in a member State or Switzerland, the Directive

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

iii

in the case of seed potatoes produced in a member State or Switzerland, Article 11(1) of the Directive

12

In regulation 16—

a

in the heading, for “European Union” substitute “British Islands”;

b

renumber the existing text as paragraph (1);

c

in paragraph (1) (as renumbered), for “European Union” substitute “British Islands”;

d

after paragraph (1), insert—

2

Paragraph (1) does not apply to any person marketing more than 2 kilograms of seed potatoes that have been imported into England from a member State or Switzerland before the end of the period of one year beginning with the day after the day on which exit day falls.

13

After regulation 23 insert—

Transitional provision for official labels on exit day23A

A label pre-printed before exit 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 exit day falls.

14

Omit regulation 26(2).

15

In Schedule 1—

a

in paragraph 3(a), omit “or the Common Catalogue”;

b

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

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 “UK”;

ii

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

c

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

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 “UK””;

e

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

17

In Schedule 3—

a

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

b

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

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 “United Kingdom”;

b

in Table 1—

i

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

ii

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

20

In Part 2—

a

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

b

in Table 2—

i

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

ii

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

b

in Table 3—

i

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

ii

in column 2—

aa

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