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

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

Power to set conditions with which vegetable plant material must comply

16.—(1) The appropriate authority may, by regulations—

(a) amend provision in any enactment which gave effect to provisions made by Article 3 of, and the Annex to, Directive 93/61/EEC;

(b) make provision requiring (whether by amending an enactment, or otherwise) a reference to Article 3 of, and the Annex to, Directive 93/61/EEC to be read as a reference to that Article and 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 —

(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;

(c) due to the economic importance of the vegetable plant material; or

(d) for consistency with international standards for pests and diseases affecting the quality of vegetable plant material.