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The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017
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Changes over time for: Paragraph 7
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- 19/06/2017- Amendment
- 31/12/2020- Amendment
- 31/12/2020
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There are currently no known outstanding effects for the The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017, Paragraph 7.
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Duration and renewal of registrationE+W
7.—(1) Registration of a variety is valid—
(a)in the case of a genetically modified variety, for the period for which the genetically modified organism of which the variety [F1consists—
(i)is authorised for cultivation pursuant to Regulation (EC) No 1829/2003 or the GMO Regulations, or
(ii)has, before the day on which implementation period completion day falls, been authorised for cultivation pursuant to Directive 2001/18/EC; or]
(b)otherwise until the end of the 30th calendar year from the date of acceptance.
(2) But sub-paragraph (1) does not apply if the registration is—
(a)renewed in accordance with sub-paragraph (3) or (4) (as appropriate);
(b)revoked in accordance with paragraph 8.
(3) Subject to sub-paragraph (4), the Welsh Ministers may, on the basis of a written application, renew the registration for a further period of 30 years if—
(a)the variety is distinct, uniform and stable;
(b)there is material of that variety available on the market.
(4) In the case of a genetically modified variety—
(a)any renewal of registration must be subject to a condition that the respective genetically modified organism continues to be authorised for cultivation pursuant to F2... Regulation (EC) No 1829/2003;
(b)the renewal period must be limited to the period of authorisation of the genetically modified organism concerned.
(5) Subject to sub-paragraph (4), the Welsh Ministers may renew the registration in the absence of a written application if satisfied renewal serves to preserve genetic diversity and sustainable production.
Textual Amendments
F1Words inSch. 4 para. 7(1)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 5(15)(a) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(4)(f)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Sch. 4 para. 7(4)(a) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 5(15)(b); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Sch. 4 para. 7 in force at 19.6.2017, see reg. 1(1)
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