The Oil and Fibre Plant Seed (Wales) Regulations 2004

Exception for test and trials

19.—(1) Subject to paragraphs (6) and (7), the prohibition in regulation 15(1) shall not apply to the marketing by a producer of seed for test and trial purposes for which —

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

(b) an authorisation 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,

pursuant to Article 6(1)(b) of the Oil and Fibre Plant Seed Directive.

(2) An application for authorisation under paragraph (1)(a) shall be made in such form and manner and at such time as the National Assembly for Wales shall require and shall be accompanied by such information as the National Assembly for Wales may require for the purpose of determining whether to grant an authorisation.

(3) The National Assembly for Wales shall not grant an authorisation under paragraph (1)(a) unless —

(a) it considers that the amount of seed that may be marketed under it is of an appropriate quantity for the test or trial;

(b) an application has been submitted to the National Authorities under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001(1) for acceptance of the variety concerned on to a National List that has not been withdrawn or finally determined; and

(c) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under Part C of Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC.

(4) In granting an authorisation under paragraph (1)(a) the National Assembly for Wales —

(a) shall specify the amount of seed that may be marketed under it, and

(b) may impose such other conditions as the National Assembly for Wales thinks necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

(5) The National Assembly for Wales may vary, revoke or add conditions to authorisations to which paragraph (1) applies by service of a notice on the producer.

(6) Where an authorisation to which paragraph (1) applies has been granted, the marketing by a producer of seed for test and trial purposes shall be in accordance with the conditions attached to that authorisation, whether granted by the National Assembly for Wales or, subject to paragraph (5), any other competent seed certification authority in the United Kingdom or in another member State.

(7) The National Assembly for Wales may revoke or suspend an authorisation that has effect in Wales by virtue of this regulation by service of a notice on the producer concerned, and where such a notice has been served, marketing of seed for test and trial purposes may only be authorised subsequently by the National Assembly for Wales in accordance with this regulation.

(1)

S.I.2001/3510.