PART 4Functions relating to the marketing of seed, plant and plant propagating material

CHAPTER 3Retention of functions in Directive 2008/72/EC

Power to modify the regulated species of vegetable plant material15

1

The appropriate authority may, by regulations—

a

amend provision in any enactment which gave effect to provision made by Annex 2 to Directive 2008/72/EC;

b

make provision requiring (whether by amending an enactment, or otherwise) a reference to Annex 2 to Directive 2008/72/EC to be read as a reference to that Annex subject to modifications.

2

But the appropriate authority may exercise the power in paragraph (1) only to the extent that the appropriate authority considers it is necessary or appropriate to do so—

a

in the light of developments in scientific or technical knowledge, production techniques or agronomic practices;

b

to address concerns relating to the quality of vegetable plant material; or

c

due to the economic importance of the vegetable plant material.