The Oil and Fibre Plant Seed (Wales) Regulations 2004

[F1 Exception for test and trial seed E+W

19.— (1) The prohibition in regulation 15(1) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with—

(a) an authorisation which has been granted to the producer by the National Assembly in accordance with this regulation; or

(b) an authorisation which has been granted to the producer by or on behalf of—

(i) the Secretary of State;

(ii) the Scottish Ministers;

(iii) the Department of Agriculture and Rural Development; or

(iv) a competent seed certification authority in another member State,

in accordance with Article 2(1) of the 2004 Commission Decision.

(2) No producer shall market test and trial seed—

(a) except for the purposes of tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of an oil and fibre plant species specified in Schedule 2;

(b) unless a field inspection report has been issued by the National Assembly or by a licensed crop inspector stating that—

(i) for linseed, [F2 the crop satisfies] the conditions for C2 or C3 seed laid down in Schedule 3; and

(ii) for species other than linseed, [F2 the crop satisfies] the conditions for CS seed laid down in Schedule 3;

(c) unless a seed test report has been issued by the National Assembly or by a licensed seed testing station stating that—

(i) for linseed, the seed satisfies the conditions for C2 or C3 seed laid down in Schedule 4; and

(ii) for species other than linseed, the seed satisfies the conditions for CS seed laid down in Schedule 4; or

(d) if such marketing would contravene a prohibition on the use of the variety published by the National Assembly in the gazette that complies with Article 14 of the 2004 Commission Decision.

(3) A producer of seed established in Wales may apply to the National Assembly for the grant or renewal of a regulation 19 authorisation.

(4) A regulation 19 authorisation granted by the National Assembly will last for a period of one year or such shorter period as the National Assembly may specify.

(5) An application for authorisation or renewal of a regulation 19 authorisation must be made in writing to the National Assembly and must be accompanied by such information as the National Assembly may require.

(6) The National Assembly will not grant a regulation 19 authorisation unless it is satisfied that—

(a) the seed is of a variety for which an application has been made by the producer under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a National List and which application has not been withdrawn or finally determined; and

(b) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety under either—

(i) Part C of the Deliberate Release Directive; or

(ii) the Food and Feed Regulation.

(7) The National Assembly will not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.

(8) A regulation 19 authorisation may impose such conditions as the National Assembly may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates.

(9) The National Assembly may withdraw a regulation 19 authorisation where there is a breach of any condition referred to in paragraph (8).

(10) A regulation 19 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.

(11) The National Assembly may require a person to whom it has granted a regulation 19 authorisation to provide it with information about—

(a) the results of the tests and trials to which the authorisation relates; or

(b) the quantities of seed marketed during the authorised period and the name of the member State for which the seed was destined.

(12) A producer to whom a regulation 19 authorisation has been granted must, within such period as is specified by the National Assembly, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with it.]

Textual Amendments

F1 Reg. 19 substituted (31.1.2007) by The Seed (Wales) (Amendments for Tests and Trials etc.) Regulations 2007 (S.I. 2007/119), regs. 1, 5(3)

F2 Words in reg. 19(2)(b)(i)(ii) substituted (11.10.2007) by The Seed (Miscellaneous Amendments) (Wales) Regulations 2007 (S.I. 2007/2747), regs. 1, 5(5)