The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019

Made: 19th February 2019

Laid before the Scottish Parliament: 21st February 2019

Coming into force in accordance with regulation 1(1)

The Scottish Ministers make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 , and all other powers enabling them to do so.

PART 1 — INTRODUCTION

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force as follows—

• (a) as regards this Part and Part 2, on 28 March 2019,

• (b) as regards Part 3, on exit day.

• (2) These Regulations extend to Scotland only.

PART 2 — AMENDMENTS MADE UNDER SECTION 2(2) OF THE EUROPEAN COMMUNITIES ACT 1972

The Vegetable Seeds Regulations 1993

2

• (1) The Vegetable Seeds Regulations 1993 are amended as follows.

• (2) In regulation 3 (interpretation)—

• (a) in paragraph (1)—

• (i) in the definition of “Commission Directive 2009/145”, at the end insert “ , as amended by Commission Implementing Directive 2013/45/EU ”,

• (ii) after the definition of “Conservation Variety” insert—

“Directive 2001/18/EC” means Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC , as last amended by Directive (EU) 2015/412 ;

• (iii) for the definition of “genetically modified” substitute—

“genetically modified” has the same meaning as it has for the purposes of Directive 2001/18/EC;

• (iv) omit the definition of “Member State”,

• (b) in each of paragraphs (3A), (3B) and (3C) —

• (i) for “a Member State” in each place where it occurs, substitute “ an EEA state ”,

• (ii) for “that Member State” in each place where it occurs, substitute “ that EEA state ”.

• (3) For regulation 4(2 (seeds to which the regulations apply) substitute—

(2) These Regulations do not apply to seed intended for export to a country which is not an EEA state (other than regulation 6C (certification and labelling for export)).

• (4) In regulation 5 (marketing of seeds)—

• (a) for “a Member State” in each place where it occurs, substitute “ an EEA state ”,

• (b) in paragraph (3), for “the Fodder Plant Seeds Regulations 1993” substitute “ the Fodder Plant Seed (Scotland) Regulations 2005 ”,

• (c) in paragraph (13), for “that Member State” substitute “ that EEA state ”,

• (d) in paragraph (14), for “Member States” substitute “ EEA states ”.

• (5) In regulation 6A(1)(c) (breeder's confirmations) , for “Member State” substitute “ EEA state ”.

• (6) After regulation 6A, insert—

(6B) Seed imported from outside the European Union must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade. (6C) (1) The Scottish Ministers may certify the quality of any seed intended for export. (2) Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

• (7) In schedule 4 (requirements for Basic Seed, Certified Seed, Certified Seed of a Conservation Variety, Standard Seed, Standard Seed of a Conservation Variety and Standard Seed of an Amateur Variety), in Part I (Basic Seed and Certified Seed), in paragraph 2(b) (varietal identity and varietal purity), for “Member State” substitute “ EEA state ”.

• (8) In schedule 6 (labels and marking)—

• (a) in Part I(A)(a) (official label for a Package of Pre-basic Seed: prescribed contents), in point 1, for “Member State” substitute “ EEA state ”,

• (b) in Part I(B)(a) (official label for a Package of Basic Seed or for a Package (Other than a Small Package) of Certified Seed: prescribed contents), in point 2, for “Member State” substitute “ EEA state ”.

The Oil and Fibre Plant Seed (Scotland) Regulations 2004

3

• (1) The Oil and Fibre Plant Seed (Scotland) Regulations 2004 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) at the end of the definition of “the 2004 Commission Decision” insert “ , as amended by Commission Implementing Decision (EU) 2016/320 ”,

• (b) in the definition of “the 2001 Deliberate Release Directive”, for the words from “amended by” to the end substitute “ last amended by Directive (EU) 2015/412 ”,

• (c) in the definition of “EEA State”, at the end insert “ , and for the purposes of these Regulations includes Switzerland ”,

• (d) in the definition of “Equivalence Decision”, for the words from “amended by” to the end substitute “ last amended by Decision (EU) 2018/1674 ”,

• (e) in the definition of “the Food and Feed Regulation”, at the end insert “ , as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council ”,

• (f) in the definition of “third country”, omit “or Switzerland”.

• (3) In regulation 5(2) (seed to which the Regulations apply), after “EEA State” insert “ (other than regulation 13A (certification and labelling for export)) ”.

• (4) After regulation 6 (marketing of seed) insert—

(6A) Seed imported from outside the European Union must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

• (5) In regulation 8A(10) (exception for test and trial seed) , after “Member State” insert “ or, as the case may be, Switzerland ”.

• (6) After regulation 13 (requirement for homogeneity) insert—

(13A) (1) The Scottish Ministers may certify the quality of any seed intended for export. (2) Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

The Cereal Seed (Scotland) Regulations 2005

4

• (1) The Cereal Seed (Scotland) Regulations 2005 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) at the end of the definition of “the 2004 Commission Decision”, insert “ , as amended by Commission Implementing Decision (EU) 2016/320 ”,

• (b) in the definition of “the 2001 Deliberate Release Directive”, for the words from “amended by” to the end substitute “ last amended by Directive (EU) 2015/412 ”,

• (c) in the definition of “EEA State”, at the end insert “ , and for the purposes of these Regulations includes Switzerland ”,

• (d) in the definition of “Equivalence Decision”, for the words from “amended by” to the end substitute “ last amended by Decision (EU) 2018/1674 ”,

• (e) in the definition of “the Food and Feed Regulation”, at the end insert “ , as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council ”,

• (f) in the definition of “third country”, omit “or Switzerland”.

• (3) In regulation 5(2) (seed to which the Regulations apply), after “EEA State” insert “ (other than regulation 13A (certification and labelling for export)) ”.

• (4) After regulation 6 (marketing of seed) insert—

(6A) Seed imported from outside the European Union must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

• (5) In regulation 9A(10) (exception for test and trial seed) , after “Member States” insert “ or, as the case may be, Switzerland ”.

• (6) After regulation 13 (requirement for homogeneity) insert—

(13A) (1) The Scottish Ministers may certify the quality of any seed intended for export. (2) Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

The Fodder Plant Seed (Scotland) Regulations 2005

5

• (1) The Fodder Plant Seed (Scotland) Regulations 2005 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) at the end of the definition of “the 2004 Commission Decision”, insert “ , as amended by Commission Implementing Decision (EU) 2016/320 ”,

• (b) in the definition of “the 2001 Deliberate Release Directive”, for the words from “amended by” to the end, substitute “ last amended by Directive (EU) 2015/412 ”,

• (c) in the definition of “EEA State”, at the end insert “ , and for the purposes of these Regulations includes Switzerland ”,

• (d) in the definition of “Equivalence Decision”, for the words from “amended by” to the end substitute “ last amended by Decision (EU) 2018/1674 ”,

• (e) in the definition of “the Food and Feed Regulation”, at the end insert “ , as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council ; ”,

• (f) in the definition of “third country”, omit “or Switzerland”.

• (3) In regulation 5(2) (seed to which the Regulations apply), after “EEA State” insert “ (other than regulation 13A (certification and labelling for export)) ”.

• (4) After regulation 6 (marketing of seed) insert—

(6A) Seed imported from outside the European Union must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

• (5) In regulation 9A(10) (exception for test and trial seed) , after “Member State” insert “ or, as the case may be, Switzerland ”.

• (6) After regulation 13 (requirement for homogeneity) insert—

(13A) (1) The Scottish Ministers may certify the quality of any seed intended for export. (2) Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

• (7) In schedule 6, in paragraph 10 (label for a small EC A or small EC B package of Mixtures), after “Member State” in each place where it occurs insert “ or Switzerland ”.

The Beet Seed (Scotland) (No. 2) Regulations 2010

6

• (1) The Beet Seed (Scotland) (No. 2) Regulations 2010 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) at the end of the definition of “the 2004 Commission Decision”, insert “ , as amended by Commission Implementing Decision (EU) 2016/320 ”,

• (b) at the end of the definition of “the 2001 Deliberate Release Directive” insert “ , as last amended by Directive (EU) 2015/412 ”,

• (c) after the definition of “early movement seed” insert—

“EEA state” for the purposes of these Regulations includes Switzerland,

• (d) in the definition of “Equivalence Decision”, insert at the end “ , as last amended by Decision (EU) 2018/1674 ”,

• (e) in the definition of “third country”, omit “or Switzerland”.

• (3) In regulation 4(2) (seed to which the Regulations apply), after “European Union” insert “ (other than regulation 14A (certification and labelling for export)) ”.

• (4) After regulation 6 (marketing of seed) insert—

(6A) Seed imported from outside the European Union must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

• (5) After regulation 14 (marketing of unpacketed seed) insert—

(14A) (1) The Scottish Ministers may certify the quality of any seed intended for export. (2) Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

The Seed Potatoes (Scotland) Regulations 2015

7

• (1) The Seed Potatoes (Scotland) Regulations 2015 are amended as follows.

• (2) In regulation 10 (labelling of seed potatoes)—

• (a) in paragraph (1), after “package or container of seed potatoes” insert “ produced in Scotland ”,

• (b) after paragraph (1) insert—

(1A) Subject to regulation 13, no person may market a package or container of seed potatoes produced outside Scotland unless— (a) there is attached to the outside of the package or container an official label; and (b) in the case where the label particulars are not indelibly printed on the package or container or on a wear and tear resistant or adhesive label attached to it, it contains an official document.

The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

8

• (1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) at the end of the definition of “plant variety rights”, insert “ or domestic legislation in countries or territories, other than those forming part of the United Kingdom, that affords plant variety protection in accordance with UPOV ”,

• (b) after the definition of “supplier's document” insert—

“UPOV” means the International Union for the Protection of New Varieties of Plants, being an intergovernmental organisation established by the International Convention for the Protection of New Varieties of Plants ;

• (3) In schedule 4 (registration of varieties), in paragraph 1 (interpretation), omit the definition of “UPOV”.

PART 3 — AMENDMENT OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION

The Vegetable Seeds Regulations 1993

9

• (1) The Vegetable Seeds Regulations 1993 are amended as follows.

• (2) In regulation 3 (interpretation)—

• (a) in paragraph (1)—

• (i) at the end of the definition of “additional region”, insert “, with Article 13.1 of that Directive being read as if for the reference to “Member States” in each place where it occurs there were substituted “ the Scottish Ministers ”,

• (ia) in the definition of “Amateur Variety”, for “the National List” substitute “a GB Variety List or an NI Variety List”,

• (ii) in the definition of “breeder”, in sub-paragraph (a), for the words “the National List or the Common Catalogue” substitute “a GB Variety List, an NI Variety List or an equivalent list in a country granted equivalence”,

• (iia) omit the definition of “Common Catalogue”,

• (iib) in the definition of “Conservation Variety”, for “the National List” substitute “a GB Variety List or an NI Variety List”,

• (iii) after the definition of “Conservation Variety” insert—

“country granted equivalence” means a country that has been— (a) granted equivalence under the Equivalence Decision; or (b) assessed by Scottish Ministers as producing the species of seed referred to in regulation 4 under conditions equivalent to those required by these Regulations; “Crown Dependency” means any of the Channel Islands or the Isle of Man; “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• (iiia) after the definition of “the EU Plant Health Regulation” insert—

• “the Food and Feed Regulation” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed;

• (iv) after the definition of “genetically modified” insert—

• “the GMO Regulations” means—in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 ;in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 ;in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 ;in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 ;
• “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales;
• “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation;
• “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;
• “International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means–by or on behalf of a GB Authority;by or on behalf of the NI Authority; orby or on behalf of the competent seed certification authority of a country other than the United Kingdom;

• (v) in the definition of “maintainer”, for “a National List or in the Common Catalogue” and “the National List or the Common Catalogue” where they occur substitute “a GB Variety List, an NI Variety List or an equivalent list in a country granted equivalence”,

• (vi) in the definition of “maintenance”, for “a National List of the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

• (via) omit the definition of “National List”,

• (vib) before the definition of “official certificate” insert—

• “NI Authority” means DAERA;
• “NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001

• (vii) in the definition of “official post control”—

• (aa) in the words before sub-paragraph (a), for “European” substitute “International”,

• (bb) in sub-paragraph (a), for the words “a European” in both places they occur substitute “an International”,

• (cc) omit sub-paragraph (b),

• (viia) for the definition of “protected zone quarantine pest” substitute—

• “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation;

• (viii) in the definition of “region of origin”—

• (aa) for “the United Kingdom” substitute “Great Britain”,

• (bb) at the end insert—

• , with Article 8.1 of that Directive being read as if—in the first sub-paragraph—for “a Member State accepts”, there were substituted “the Scottish Ministers accept”,for “it shall”, there were substituted “they must”,for “It shall”, there were substituted “The Scottish Ministers must”,for “Member States”, there were substituted “Scottish Ministers”,the second sub-paragraph was omitted;

• (ix) in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”,

• (x) omit the definition of “Union quarantine pest”,

• (b) in paragraphs (3A), (3B) and (3C)—

• (i) in each sub-paragraph (a), for “an EEA state” substitute “a country”,

• (ii) in each sub-paragraph (b) and (c), for “EEA state” substitute “country”.

• (3) For regulation 4(2) (seeds to which the regulations apply) substitute—

(2) These Regulations do not apply to seed intended for export outside Great Britain (other than regulation 6C (certification and labelling for export)).

• (4) In regulation 5 (marketing of seeds) —

• (a) in paragraph (1)—

• (i) in the words before sub-paragraph (a)—

• (aa) for “a National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

• (bb) for “the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

• (ii) in sub-paragraph (b)—

• (aa) in the words before head (i), for “an EEA State” substitute “a country”,

• (bb) in head (ii), for “an EEA State” substitute “a country other than the United Kingdom”,

• (iii) in sub-paragraph (bb), for “an EEA state” substitute “a country”,

• (iv) in sub-paragraph (c), for “elsewhere than in an EEA state” substitute “outside the United Kingdom”,

• (b) for paragraphs (2D) and (2E) substitute—

(2D) The conditions referred to in paragraph (2C) are that the marketing and release of the genetically modified material by the applicant has been authorised— (a) before the day on which IP completion day falls, under Part C of Directive 2001/18/EC, (b) under the Food and Feed Regulation, or (c) under the GMO Regulations.

• (c) for paragraph (4) substitute—

(4) The Scottish Ministers may, by a general licence, authorise a temporary experiment (the duration of which must not exceed 7 years) seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act.

• (d) in paragraph (4A)—

• (i) omit “, by reason only of article 3(1)(a) of Council Directive 70/457/EEC,”,

• (ii) for “a National List” substitute “a GB Variety List or an NI Variety List”,

• (e) in paragraph (5), for “from a country other than an EEA state” substitute “ from outside the United Kingdom ”,

• (f) in paragraph (9A), for “an EEA state” substitute “a country”,

• (g) in paragraph (9B) , for “other than in an EEA state” substitute “ outside the United Kingdom ”,

• (h) in paragraph (10)—

• (i) for “other than an EEA state”, substitute “ outside the United Kingdom ”,

• (ii) for “produced in an EEA state”, substitute “ produced in the United Kingdom ”,

• (i) in paragraph (11), for “a National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

• (j) in paragraph (13) for “an EEA state” substitute “a country”,

• (k) paragraph (14) is omitted.

• (5) In regulation 5A (Conservation Varieties) , after paragraph (6) insert—

(6A) For the purposes of paragraph (6), Article 15 of Commission Directive 2009/145 is to be read as if— (a) “Each Member State shall ensure that,” were omitted, (b) for “does not exceed”, there were substituted “ may not exceed ”.

• (6) In regulation 6A(1)(c) (breeder’s confirmations), for the words “the National List” to the end substitute “a GB Variety List or an NI Variety List”.

• (7) In regulation 6B (importation from outside the European Union)—

• (a) in the heading, for “outside the European Union” substitute “a country granted equivalence”,

• (b) for “outside the European Union” substitute “a country granted equivalence”.

• (8) In regulation 9 (labelling of packages)—

• (a) paragraph (10) is omitted,

• (b) in paragraph (12), for “one of the official languages of the European Union” substitute “ English but may also be given in other languages ”.

• (9) In regulation 9A(8) (labelling of packages – breeder's confirmation) , for “one of the official languages of the European Union” substitute “ English but may also be given in other languages ”.

• (10) After regulation 11 (civil liabilities of sellers of seeds) insert—

(11A) Any seed certified and labelled in a Crown Dependency or a country granted equivalence under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations may be marketed in Scotland. (11B) A label pre-printed before IP completion day which at the date on which it was printed was an official label or a supplier's label for the purposes of these Regulations, is to be treated as an official label or, as the case may be, a supplier's label for packages of Basic Seed, Certified Seed, Standard Seed, Seed of a Conservation Variety or Standard Seed of an Amateur Variety or, as the case may be, small packages of Certified Seed or Standard Seed, for the purposes of any use of that label before the end of the period of twelve months beginning with the day after the day on which IP completion day falls.

• (11) In schedule 4 (requirements for Basic Seed, Certified Seed, Certified Seed of a Conservation Variety, Standard Seed, Standard Seed of a Conservation Variety and Standard Seed of an Amateur Variety)—

• (a) in Part I (Basic Seed and Certified Seed)—

• (i) in paragraph 2 (varietal identity and varietal purity)—

• (aa) in sub-paragraph (a), for “the National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

• (bb) in sub-paragraph (b), for the words “the National List” until the end substitute “a GB Variety List or an NI Variety List.”,

• (ii) in paragraph 4 (crop health)—

• (aa) for “Union” substitute “GB”,

• (bb) for “protected zone” substitute “PFA”,

• (b) in Part II (basic seed, certified seed and standard seed conditions relating to the seeds), in paragraph 3(b)—

• (i) for “Union” substitute “GB”,

• (ii) for “protected zone” substitute “PFA”.

• (12) In schedule 6 (labels and marking) —

• (a) in Part I(A)(a) (official label for a Package of Pre-basic Seed: prescribed contents), in point 1, for “EEA state or their mark” substitute “ country or country initials ”,

• (b) in Part I(B)(a) (official label for a Package of Basic Seed or for a Package (Other than a Small Package) of Certified Seed: prescribed contents)—

• (i) in point 1, for “EC” substitute “ GB ”,

• (ii) in point 2, for “EEA state or their mark” substitute “ country or country initials ”,

• (iii) in point 11(a), for “a National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

• (ba) in Part I(C)(b) (official label for a Package of Seed not Finally Certified: information required for the document), in point 5, for “UK” in each place it occurs substitute “GB”,

• (c) in Part II(A)(a) (supplier's label for a Package of Standard Seed, other than a Small Package: prescribed contents), in point 1, for “EC” substitute “ GB ”,

• (d) in Part III(A)(a) (supplier's label for a Small Package of Certified Seed: prescribed contents), in point 1, for “EC” substitute “ GB ”,

• (e) in Part III(B)(a) (supplier's label for a Small Package of Standard Seed: prescribed contents), in point 1, for “EC” substitute “ GB ”,

• (ea) in Part IV (information in respect of seeds imported from third countries in packages more than 2 kilograms in Net weight), in the heading, for “third countries” substitute “countries outside the United Kingdom”,

• (f) in Part VI (supplier's label for a package of seed of a Conservation Variety) , in sub-paragraph (a), for “EU” substitute “ GB ”,

• (g) in Part VII (supplier's label for a package of Standard Seed of an Amateur Variety) , in sub-paragraph (a), for “EU” substitute “ GB ”.

The Marketing of Vegetable Plant Material Regulations 1995

10

• (1) The Marketing of Vegetable Plant Material Regulations 1995 is amended as follows.

• (2) In regulation 3(2)(a) (plant material to which these Regulations apply), for “European Union” substitute “ United Kingdom ”.

• (2A) In regulation 4A (plant material from outside the European Union: authorisation)—

• (a) in the heading, for “European Union” substitute “United Kingdom”,

• (b) in paragraph (1), for “European Union” substitute “United Kingdom”.

• (3) In regulation 5 (quality requirements for plant material)—

• (a) in paragraph (1)(d)—

• (i) for “Union” substitute “GB”,

• (ii) for “protected zone” substitute “PFA”,

• (b) in paragraph (2)—

• (i) after the definition of “the EU Plant Health Regulation” insert—

• “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation,

• (ii) in the definition of “protected zone quarantine pest”—

• (aa) for “protected zone” substitute “PFA”,

• (bb) for “protected zones” substitute “GB pest free areas”,

• (iii) in the definition of “RNQP”—

• (aa) for “Union” in each place it occurs substitute “GB”,

• (bb) for “Regulation, and” substitute “Regulation.”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In regulation 11(2) (powers of inspectors), omit “representatives of the European Commission and”.

• (6) In schedule 2 (content of supplier's document)—

• (a) in Part A (information to appear on a supplier's document)—

• (i) in paragraph 1, for “EC” substitute “ UK ”,

• (ii) omit paragraph 2,

• (iii) in paragraph 3, insert at the end “ and its abbreviated country code ”,

• (b) in Part B (information to accompany a plant passport which constitutes a supplier's document)—

• (i) in paragraph 1, for “EC” substitute “ UK ”,

• (ii) in paragraph 2, insert at the end “ and its abbreviated country code ”.

The Marketing of Ornamental Plant Propagating Material Regulations 1999

11

• (1) The Marketing of Ornamental Plant Propagating Material Regulations 1999 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) omit the definitions of “Directive 98/56/EC”, ... “Regulation 2100/94” and “third country”,

• (b) after the definition of “propagation” insert—

“responsible official body” means— (a) in relation to propagating material produced in Scotland, the Scottish Ministers, (b) in relation to propagating material produced in a country or territory outside Scotland, the body responsible for the quality of that material in that country or territory;

• (c) in the definition of “supplier”—

• (i) for “from third countries”, substitute “ into the United Kingdom ”,

• (ii) after that definition omit “and”.

• (3) In regulation 3(2)(a) (marketing requirements and exceptions), for “to third countries” substitute “ from the United Kingdom ”.

• (3A) In regulation 4 (quality requirements for propagating material)—

• (a) in paragraph (1)(d)—

• (i) for “Union” substitute “GB”,

• (ii) for “protected zone” substitute “PFA”,

• (b) in paragraph (2)—

• (i) after the definition of “the EU Plant Health Regulation” insert—

• “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation,

• (ii) for the definition of “protected zone quarantine pest” substitute—

• “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation,

• (iii) in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”,

• (iv) omit the definition of “Union quarantine pest”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In regulation 11(1) (description of propagating material)—

• (a) in sub-paragraph (a), for “Community plant variety rights pursuant to Regulation 2100/94 or national” substitute “UK”,

• (b) in sub-paragraph (c)(iii), for the words from “Community plant variety rights” to the end substitute “plant breeders' right in respect of the variety under the Plant Varieties Act 1997 ”.

• (7) In regulation 12 (propagating material produced in third countries)—

• (a) in the heading, for “in third countries” substitute “ outside the United Kingdom ”,

• (b) in paragraph (1)—

• (i) for “from a third country” substitute “ produced in a country outside of the United Kingdom ”,

• (ii) for “Directive 98/56/EC” substitute “ these Regulations ”,

• (c) in each of paragraphs (2) and (4)—

• (i) insert at the beginning, “ Subject to paragraph (5), ”,

• (ii) omit “from a third country”,

• (d) after paragraph (4) insert—

(5) Paragraphs (2) and (4) do not apply to suppliers importing propagating material produced— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in the Channel Islands or the Isle of Man.

• (8) In schedule 1 (information to appear on a supplier's label or other document)—

• (a) in paragraph 1, for “EC” substitute “ UK ”,

• (b) omit paragraph 2,

• (c) in paragraph 3, at the end insert “ and its abbreviated country code ”,

• (d) in paragraph 10, for “from a third country” substitute “ into the United Kingdom ”.

The Oil and Fibre Plant Seed (Scotland) Regulations 2004

12

• (1) The Oil and Fibre Plant Seed (Scotland) Regulations 2004 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) omit the definition of “Annex V(C) document”,

• (b) in the definition of “blended seed lot”—

• (i) omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”,

• (ii) for “National Authority” substitute “GB Authority or the NI Authority”,

• (c) in the definition of “breeder”—

• (i) in sub-paragraph (a), for “UK National List or the Common Catalogue” substitute “GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence”,

• (ii) in sub-paragraph (b), for “UK National List or in the Common Catalogue” and “UK National List or Common Catalogue” substitute “GB Variety List, NI Variety List or equivalent list in a country granted equivalence”,

• (d) in the definition of “bulked seed lot”—

• (i) in sub-paragraph (a)(iii), omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”,

• (ii) in sub-paragraph (b), for “National Authority” substitute “GB Authority or the NI Authority”,

• (e) omit the definitions of “Common Catalogue” and “the Common Catalogue Directive”,

• (ea) in the definition of “Conservation Variety”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

• (f) in the definition of “control plot”, for “European Authority” in both places it occurs substitute “GB Authority or the NI Authority”,

• (g) after the definition of “control plot” insert—

“country granted equivalence” means a country that has been— (a) granted equivalence under the Equivalence Decision; or (b) assessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations; “Crown Dependency” means any of the Channel Islands or the Isle of Man;

• (ga) for the definition of “Department of Agriculture and Rural Development” substitute—

• “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• (h) omit the definition of “EEA State”,

• (i) omit the definitions of “European Authority” and “by a European Authority”,

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) in the definition of “fully certified”—

• (i) in sub-paragraph (b), for “European” substitute “International”,

• (ii) in the text after sub-paragraph (b), for the words “in Annexes I” to the end substitute “schedule 4;”,

• (l) after the definition of “genetically modified” insert—

• “the GMO Regulations” means—in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 ;in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 ;in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 ;in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 ;
• “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales;
• “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation;
• “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;

• (la) after the definition of “inbred line” insert—

• “International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means–by or on behalf of a GB Authority;by or on behalf of the NI Authority; orby or on behalf of the competent seed certification authority of a country other than the United Kingdom;

• (lb) in the definitions of “licensed crop inspector”, “licensed seed sampler” and “licensed seed testing station”, for sub-paragraph (b) substitute—

(b) granted under provisions equivalent to that regulation by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority;

• (m) omit the definition of “licensed EC crop inspector”,

• (n) omit the definition of “National Authority”,

• (o) before the definition of “official certificate” insert—

• “NI Authority” means DAERA;
• “NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;

• (p) in the definition of “official field inspection”—

• (i) in sub-paragraph (i), for “European Authority” substitute “a GB Authority or the NI Authority or an International Authority”,

• (ii) in sub-paragraph (ii), omit the words “or a licensed EC crop inspector”,

• (q) in the definition of “official label” for “a European Authority” substitute “an International Authority”,

• (r) in the definition of “official post control”, for “the relevant European Authority” substitute “an International Authority”,

• (s) in the definition of “official post control the results of which have been satisfactory”—

• (i) for “the relevant European Authority” substitute “an International Authority”,

• (ii) for sub-paragraph (a)(ii) substitute—

(ii) in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4;

• (t) after the definition of “Oil and Fibre Plant Seed Directive” insert—

• “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation;

• (u) omit the definition of “protected zone quarantine pest”,

• (v) for the definition of “registered or licensed number” substitute—

• “registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provisions equivalent to that regulation by—a GB Authority other than the Scottish Ministers; orthe NI Authority;

• (w) in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”,

• (x) for the definition of “third country” substitute—

• “third country” means any country or territory other than the British Islands;

• (y) omit the definition of “Union quarantine pest”.

• (3) In regulation 3 (definitions of seed categories)—

• (a) in the definition of “Pre-basic Seed”, for paragraph (c) substitute—

(c) has been— (i) officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) or (b) and the requirements for Basic Seed specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) or (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

• (b) in the definition of “Basic Seed”, for paragraph (d) substitute—

(d) has been— (i) officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b) or (c) and the requirements for Basic Seed specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a), (b) or (c) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

• (c) in the definition of “Certified Seed”, for paragraph (c) substitute—

(c) has been— (i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom;

• (d) in the definition of “Certified Seed of the First Generation”, for paragraph (c) substitute—

(c) has been— (i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;

• (e) in the definition of “Certified Seed of the Second Generation”—

• (i) for paragraph (a)(iii) substitute—

(iii) has been— (aa) officially certified as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in schedule 4; or (bb) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

• (ii) for paragraph (b)(iii) substitute—

(iii) has been— (aa) officially certified as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in schedule 4; or (bb) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

• (f) in the definition of “Certified Seed of the Third Generation”, for paragraph (c) substitute—

(c) has been— (i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Third Generation specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the Third Generation in the relevant part of the United Kingdom;

• (g) for sub-paragraph (g) substitute—

(g) in the definition of “Commercial Seed”, for paragraph (b) substitute— (b) has been— (i) officially certified as satisfying the conditions specified in paragraph (a) and the requirements for Commercial Seed specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraph (a) and the applicable requirements for Commercial Seed in the relevant part of the United Kingdom;

• (4) For regulation 5(2) (seed to which the Regulations apply) , substitute—

(2) These Regulations do not apply to seed intended for export outside the United Kingdom (other than regulation 13A (certification and labelling for export)).

• (5) In regulation 6 (marketing of seed)—

• (a) in paragraph (1)(b)(ii), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

• (aa) in paragraph (2)(b)(i), omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”,

• (ab) in paragraph (3), for “a European” substitute “an International”,

• (b) in paragraph (5), for “a country which is not an EEA State” substitute “ outside the United Kingdom ”,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In regulation 6A (importation from outside the European Union)—

• (a) in the heading, for “outside the European Union” substitute “a country granted equivalence”,

• (b) for “outside the European Union” substitute “a country granted equivalence”.

• (7) In regulation 8 (exception for scientific purposes or selection work)—

• (a) for paragraph (1)(b), substitute—

(b) an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority.

• (b) for paragraph (4), substitute—

(4) The Scottish Ministers may only grant an authorisation under this regulation in respect of a genetically modified variety if the marketing and release of the genetically modified material by the applicant has been authorised— (a) before the day on which IP completion day falls, under Part C of the 2001 Deliberate Release Directive, (b) under the Food and Feed Regulation, or (c) under the GMO Regulations.

• (8) In regulation 8A (exception for test and trial seed) —

• (a) for paragraph (1) substitute—

(1) Regulation 6(1)(b) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with— (a) a tests and trials authorisation; or (b) an authorisation which has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority.

• (b) in paragraph (4)—

• (i) for sub-paragraph (a) substitute—

(a) the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under— (i) regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or (ii) the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;

• (ii) for sub-paragraph (b) substitute—

(b) in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised— (i) before the day on which IP Completion day falls, under Part C of the 2001 Deliberate Release Directive; (ii) under the Food and Feed Regulation; or (iii) under the GMO Regulations;

• (c) in paragraph (6), for “that permitted by Article 7 of the 2004 Commission Decision” substitute “ the greater of 0.1% of the annual number of seeds used in the United Kingdom and such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares ”,

• (d) in paragraph (9), for “National List” to the end substitute “GB Variety List or an NI Variety List.”,

• (e) in paragraph (10), for “name of the Member State” to the end substitute “location of the trials within the United Kingdom.”.

• (9) In regulation 8B (exception for conservation varieties) —

• (a) after paragraph (8), insert—

(8A) For the purposes of paragraph (8), Article 14 of Commission Directive 2008/62 is to be read as if— (a) in the first paragraph— (i) “Each Member State shall ensure that,” was omitted, (ii) for “does not exceed”, there were substituted “ may not exceed ”, (iii) for “that Member State”, there were substituted “ Great Britain ”, (b) in the second paragraph— (i) for “each Member State”, there were substituted “ Great Britain ”, (ii) for “the Member State” in both places where it occurs, there were substituted “ Great Britain ”.

• (b) in paragraph (11)—

• (i) in the definition of “additional region”, insert at the end “, with Article 11(1) of Commission Directive 2008/62 being read as if for the reference to “ Member States ” in each place where it occurs and “the Member States” there were substituted “ the Scottish Ministers ”,

• (ii) for the definition of “region of origin” substitute—

• “region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if—in the first sub-paragraph—for “a Member State accepts”, there were substituted “the Scottish Ministers accept”;for “it shall”, there were substituted “they must”;for “It shall”, there were substituted “The Scottish Ministers must”;for “Member States”, there were substituted “Scottish Ministers”;the second sub-paragraph was omitted.

• (10) In regulation 9 (varietal associations)—

• (a) for paragraph (1)(b)(ii) substitute—

(ii) have been mechanically combined in proportions notified by the person responsible for the maintenance of the pollinator-dependent hybrid and pollinator within the varietal association, to (aa) a GB Authority other than the Scottish Ministers; or (bb) the NI Authority.

• (b) in paragraph (6), in the definition of “varietal association”, for “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”.

• (11) For regulation 10(2) (general exemptions) substitute—

(2) The Scottish Ministers may exercise the power under paragraph (1)— (a) for the purposes of a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act; or (b) to the extent that the provisions of the general licence are— (i) necessary in order to overcome any temporary difficulties in the supply of basic or certified seed— (aa) by permitting the marketing of seed of a category subject to less stringent requirements, or of seed of a variety not included in a GB Variety List or an NI Variety List; (bb) for a specified period; and (cc) in quantities necessary to resolve the supply difficulties; or (ii) permitted by Commission Regulation 217/2006 or an authorisation granted thereunder. (2A) The duration of a temporary experiment referred to in paragraph (2)(a) must not exceed 7 years. (2B) When seed is marketed in accordance with paragraph (2)(b)(i), the following labelling requirements apply— (a) for a category of seed of any given variety, the official label must be that provided for the corresponding category; (b) for seed of varieties not included in a GB Variety List or an NI Variety List the official label must be that provided for commercial seed; (c) the label must always state that the seed in question is of a category satisfying less stringent requirements.

• (12) In regulation 11 (marketing of officially certified lower germination seed)—

• (a) in paragraph (1)—

• (i) in the words before sub-paragraph (a), omit “or Annex II (seed conditions) of the Oil and Fibre Plant Seed Directive”,

• (ii) for sub-paragraph (b) substitute—

(b) which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4 in relation to Basic Seed— (i) by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain; or (ii) by the NI Authority, in accordance with the applicable requirements in Northern Ireland; or,

• (iii) for sub-paragraph (c)(ii) substitute—

(ii) in the case of seed which has been fully certified as being Pre-basic Seed or Basic Seed— (aa) by a GB Authority other than the Scottish Ministers, in the applicable requirements in the relevant part of Great Britain, irrespective of the findings of the GB Authority; or (bb) by the NI Authority, in the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.

• (b) in paragraph (3), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.

• (13) In regulation 12 (marketing of early movement seed)—

• (a) in paragraph (1)—

• (i) in sub-paragraph (a), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

• (ii) for sub-paragraph (b) substitute—

(b) (i) any seed lot has, in order to make seed rapidly available, been certified by— (aa) a GB Authority other than the Scottish Ministers; or (bb) the NI Authority; and (ii) the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,

• (b) in paragraph (3)—

• (i) for “European Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,

• (ii) omit “or Annex II (seed conditions) of the Oil and Fibre Plant Seed Directive”,

• (c) in paragraph (5), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.

• (14) In regulation 14 (applications for official certificates)—

• (a) in paragraph (3), for “UK National List (or an equivalent list in another EEA State)” in both places where it occurs, substitute “GB Variety List or an NI Variety List”,

• (b) in paragraph (4)(d) omit—

• (i) “or licensed EC crop inspector”, and

• (ii) “, or licensed EC crop inspector’s,”.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (15) In regulation 15(1) (sampling), for “European Authority” substitute “ International Authority ”.

• (16) In regulation 16 (sealing of packages of fully certified seed)—

• (a) for sub-paragraph (1)(b) substitute—

(b) sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

• (b) for paragraph (3)(b) substitute—

(b) in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

• (17) In regulation 17 (labelling of packages of fully certified seed)—

• (a) for paragraph (4A)(b) substitute—

(b) where seed is sealed in any part of the United Kingdom other than Scotland, be labelled in accordance with the requirements for labelling applicable to a Conservation Variety in the relevant part of the United Kingdom.

• (b) for paragraph (5)(b) substitute—

(b) which is sealed in any part of the United Kingdom other than Scotland will satisfy the applicable requirements in the relevant part of the United Kingdom,

• (c) for paragraph (8)(b) substitute—

(b) which is sealed in any other part of the United Kingdom, must contain an official document in accordance with the applicable requirements for official documents and, as the case may be, for labelling of packages of mixtures of seeds, in the relevant part of the United Kingdom.

• (d) in paragraph (10)—

• (i) for sub-paragraph (a) substitute—

(a) for packages sealed in— (i) Scotland, the appropriate particulars of the matters specified in Part II of Schedule 6 and paragraphs (3), (12) and (13), are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; (ii) any other part of the United Kingdom, the appropriate particulars of the matters specified in accordance with the applicable requirements in the relevant part of the United Kingdom, are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; and

• (ii) for sub-paragraph (c) substitute—

(c) the requirements of paragraph 17 of Part VI of Schedule 6 are satisfied in the case of a package sealed in any other part of the United Kingdom.

• (e) in paragraph (14), for “one of the official languages of the European Union” substitute “English but may, in addition, be given in other languages”.

• (18) In regulation 19(1)(c) (breeder’s confirmations)—

• (a) in head (i), for the words “UK National List” to the end substitute “GB Variety List or an NI Variety List”,

• (b) in head (ii), for the words “UK National List” to the end substitute “GB Variety List or an NI Variety List”.

• (19) In regulation 21(10) (labelling of packages of seed in relation to breeder's confirmation), for “one of the official languages of the European Union” substitute “ English but may also be given in other languages ”.

• (20) Regulation 22 (comparative tests and trials) is omitted.

• (21) After regulation 25 (written and electronic communication) insert—

(25A) Any seed certified and labelled in a Crown Dependency or a country granted equivalence under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations may be marketed in Scotland. (25B) A label pre-printed before IP completion day which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for a package of Basic Seed, Seed of a Certified Generation, Commercial Seed, seed of a Conservation Variety or a varietal association of seed, for the purposes of any use of that label before the end of the period of twelve months beginning with the day after the day on which IP completion day falls.

• (22) In schedule 2 (official certificates and breeder's confirmations), in Part I (official certificates)—

• (a) in paragraph (1) (applications for seed harvested in the United Kingdom), omit “but not made in pursuance of Article 19 (certification of seed from other EEA States or equivalent third countries) of the Oil and Fibre Plant Seed Directive”,

• (b) for paragraph 4 (applications for seed harvested in an EEA State or third country) substitute—

(4) (1) Notwithstanding paragraphs 2 and 3, and subject to sub-paragraphs (2) and (3), on receipt of an application made in accordance with regulation 14(1) for the issue of an official certificate in respect of a seed lot as Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, the Scottish Ministers may issue an official certificate in respect of the seed lot containing the particulars specified in paragraph 1 of Schedule 3. (2) An official certificate may only be issued under sub-paragraph (1) if— (a) the seed has been— (i) produced directly from— (aa) fully certified Basic Seed or Certified Seed of the First Generation; or (bb) seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed or Certified Seed of the First Generation in accordance with these Regulations; (ii) harvested outside the United Kingdom; and (iii) shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of schedule 4 for the relevant category of seed; (b) the seed has been— (i) produced directly from the crossing of fully certified Basic Seed with seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed in accordance with these Regulations; (ii) harvested outside the United Kingdom; and (iii) shown on official examination, or, in the case of seed certified in a country granted equivalence, to have satisfied the conditions specified in Part II of schedule 4 for the relevant category of seed; or (c) the seed— (i) is to be certified by the Scottish Ministers as Basic Seed; (ii) has been produced directly from— (aa) fully certified Pre-basic Seed; or (bb) seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Pre-basic Seed in accordance with these Regulations; (iii) has been harvested outside the United Kingdom; and (iv) has been shown on official examination, or, in the case of seed certified in a country granted equivalence, to have satisfied the conditions specified in Part II of schedule 4 for the relevant category of seed. (3) In the case of seed which has been harvested in a country granted equivalence, an official certificate may only be issued under sub-paragraph (1) provided that— (a) the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Part 1 of schedule 4 (crop standards); and (b) has been packed in a sealed package in accordance with the requirements of regulation 16 (sealing of packages of fully certified seed and has been labelled in accordance with the requirements of regulation 17 (labelling of packages of fully certified seed) and schedule 6.

• (23) In schedule 4 (requirements for Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation, Certified Seed of the Third Generation and Commercial Seed)—

• (a) in Part I (conditions relating to crops from which seed other than commercial seed is obtained)—

• (i) in paragraph 2 (varietal identity and varietal purity), for the words “UK National List” to the end substitute “GB Variety List or NI Variety List”,

• (ii) in paragraph 4 (pests in the crop)—

• (aa) for “Union” substitute “GB”,

• (bb) for “protected zone” substitute “PFA”,

• (b) in Part II (conditions relating to Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation, Certified Seed of the Third Generation and Commercial Seed), in paragraph 15 (pests in the seed)—

• (i) for “Union” substitute “GB”,

• (ii) for “protected zone” substitute “PFA”.

• (24) In schedule 4A (standards for certification of conservation varieties)—

• (a) in Part III (conditions relating to crops from which seed is obtained), in paragraph 1 (varietal identity and varietal purity), for the words “UK National List” to the end substitute “GB Variety List or NI Variety List”.

• (b) in Part IV (conditions relating to seed of a Conservation Variety), in paragraph 1 (standards of germination, analytical purity and content of seed of other plant species), omit “EC”.

• (25) In schedule 6—

• (a) in paragraph 4(a)(i) (official label for a package of Pre-basic Seed), for “EEA State or their commonly used initials”, substitute “ country or country initials ”,

• (b) in paragraph 5(a) (official label for a package of Basic Seed or Seed of a Certified Generation)—

• (i) in head (i), for “EC” substitute “ GB ”,

• (ii) in head (ii), for “EEA State or their commonly used initials”, substitute “ country or country initials ”,

• (iii) in heads (xi) and (xii), for “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

• (c) in paragraph 6(a) (official label for a package of Commercial Seed)—

• (i) in sub-paragraph (i), for “EC” substitute “ GB ”,

• (ii) in sub-paragraph (ii), for “EEA State or their commonly used initials”, substitute “ country or country initials ”,

• (d) in paragraph 6A(a) (official label for a package of test and trial seed)—

• (i) in head (ii), for “EEA State or their distinguishing abbreviation”, substitute “country or country initials”,

• (ii) for head (vii) substitute—

(vii) the official application number in relation to the application for listing under— (aa) in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or (bb) in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;

• (e) in paragraph 6B(1)(a)(i) (official label for a package of seed of a Conservation Variety), for “EC” substitute “GB”,

• (f) in paragraph 7(a) (official label for a package of a varietal association of seed)—

• (i) in head (i), for “EC” substitute “ GB ”,

• (ii) in head (ii), for “EEA State or their commonly used initials”, substitute “ country or country initials ”,

• (iii) in head (xi), for “National Authority” substitute “GB Authority”,

• (g) in paragraph 8(a)(i) (label for a small package of Pre-basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed), for “EC” substitute “ GB ”,

• (h) in Part V (information in respect of seed imported from countries which are not EEA States in packages exceeding 2 kilograms net weight)—

• (i) in the heading, for “which are not EEA States” substitute “outside the United Kingdom”,

• (ii) in paragraph 10 (information to be supplied in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms net weight)—

• (aa) in the heading, for “which is not an EEA State” substitute “outside the United Kingdom”,

• (bb) in the text before sub-paragraph (a), for “which is not an EEA State” substitute “outside the United Kingdom”,

• (i) in Part VI (printing of specified matters on packages (whole bag labelling)), in paragraph 17 (seed packages sealed in the United Kingdom but not in Scotland, or in an EEA State other than the United Kingdom)—

• (i) in the heading, for “in an EEA State other than the United Kingdom” substitute “outside the United Kingdom”,

• (ii) for “EEA State” in the first place where it occurs, substitute “country outside the United Kingdom”,

• (iii) for “EEA State” in the second place where it occurs substitute “country”,

• (iv) for “the Department of Agriculture and Rural Development” substitute “DAERA”.

The Cereal Seed (Scotland) Regulations 2005

13

• (1) The Cereal Seed (Scotland) Regulations 2005 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) omit the definition of “Annex V(C) document”,

• (b) in the definition of “blended seed lot”—

• (i) omit “or Annex I (crop conditions) of the Cereal Seed Directive”,

• (ii) for “National Authority” substitute “GB Authority or the NI Authority”,

• (c) in the definition of “breeder”—

• (i) in sub-paragraph (a), for “UK National List or the Common Catalogue” substitute “GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence”,

• (ii) in sub-paragraph (b), for “UK National List or in the Common Catalogue” and “UK National List or Common Catalogue” substitute “GB Variety List, NI Variety List or equivalent list in a country granted equivalence”,

• (d) in the definition of “bulked seed lot”—

• (i) in sub-paragraph (a)(iii), omit “or Annex I (crop conditions) of the Cereal Seed Directive”,

• (ii) in sub-paragraph (b), for “National Authority” substitute “GB Authority or the NI Authority”,

• (e) omit the definitions of “Common Catalogue” and “the Common Catalogue Directive”,

• (ea) in the definition of “Conservation Variety”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

• (f) in the definition of “control plot”, for “European Authority” in both places it occurs substitute “GB Authority or the NI Authority”,

• (g) after the definition of “control plot” insert—

“country granted equivalence” means a country that has been— (a) granted equivalence under the Equivalence Decision; or (b) assessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations; “Crown Dependency” means any of the Channel Islands or the Isle of Man;

• (ga) for the definition of “Department of Agriculture and Rural Development” substitute—

• “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• (h) omit the definition of “EEA State”,

• (i) omit the definitions of “European Authority” and “by a European Authority”,

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) in the definition of “fully certified”—

• (i) in sub-paragraph (b), for “European” substitute “International”,

• (ii) in the text after sub-paragraph (b), for the words “either in” to the end substitute “schedule 4;”,

• (l) after the definition of “genetically modified” insert—

• “the GMO Regulations” means—in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 ;in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 ;in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 ;in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 ;
• “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales;
• “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation;
• “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;

• (la) after the definition of “homogeneous seed lot” insert—

• “International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means–by or on behalf of a GB Authority;by or on behalf of the NI Authority; orby or on behalf of the competent seed certification authority of a country other than the United Kingdom;

• (lb) in the definitions of “licensed crop inspector”, “licensed seed sampler” and “licensed seed testing station”, for sub-paragraph (b) in each definition substitute—

(b) granted under provisions equivalent to that regulation by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority;

• (m) omit the definition of “licensed EC crop inspector”,

• (n) omit the definition of “National Authority”,

• (o) before the definition of “oats” insert—

• “NI Authority” means DAERA;
• “NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;

• (p) in the definition of “official field inspection”—

• (i) in sub-paragraph (a), for “European Authority” substitute “a GB Authority or the NI Authority”,

• (ii) in sub-paragraph (b), omit the words “or a licensed EC crop inspector”,

• (q) in the definition of “official label”, for “a European Authority” substitute “an International Authority”,

• (r) in the definition of “official post control”, for “the relevant European Authority” substitute “an International Authority”,

• (s) in the definition of “official post control the results of which have been satisfactory“—

• (i) for “the relevant European Authority” substitute “an International Authority”,

• (ii) for sub-paragraph (a)(ii) substitute—

(ii) in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4;

• (t) after the definition of “official sticker” insert—

• “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation;

• (u) omit the definition of “protected zone quarantine pest”,

• (v) for the definition of “registered or licensed number” substitute—

• “registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provision equivalent to that regulation by—a GB Authority other than the Scottish Ministers; orthe NI Authority;

• (w) in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”,

• (x) for the definition of “third country” substitute—

• “third country” means any country or territory other than the British Islands;

• (y) omit the definition of “Union quarantine pest”.

• (3) In regulation 3 (definitions of seed categories)—

• (a) in the definition of “Pre-basic Seed”, for paragraph (c) substitute—

(c) has been— (i) subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed specified in schedule 4; (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

• (b) in the definition of “Basic Seed”, for paragraph (f) substitute—

(f) has been— (i) subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the requirements for Basic Seed specified in schedule 4; (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

• (c) in the definition of “Certified Seed”, for paragraph (c) substitute—

(c) has been— (i) subject to regulation 12, officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in schedule 4; (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom;

• (d) in the definition of “Certified Seed of the First Generation”, for paragraph (c) substitute—

(c) has been— (i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in schedule 4; (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;

• (e) in the definition of “Certified Seed of the Second Generation”, for paragraph (c) substitute—

(c) has been— (i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Second Generation specified in schedule 4; (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

• (4) For regulation 5(2) (seed to which the Regulations apply) , substitute—

(2) These Regulations do not apply to seed intended for export outside the United Kingdom (other than regulation 13A (certification and labelling for export)).

• (5) In regulation 6 (marketing of seed)—

• (a) in paragraph (1)(b)(i), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

• (aa) in paragraph (2)(b)(i), omit “or Annex I (crop conditions) of the Cereal Seed Directive”,

• (ab) in paragraph (3), for “a European” substitute “an International”,

• (b) in paragraph (5), for “a country which is not an EEA State” substitute “ outside the United Kingdom ”,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) omit paragraph (6).

• (6) In regulation 6A (importation from outside the European Union)—

• (a) in the heading, for “outside the European Union” substitute “a country granted equivalence”,

• (b) for “outside the European Union” substitute “a country granted equivalence”.

• (7) In regulation 9 (exception for scientific purposes or selection work)—

• (a) for paragraph (1)(b) substitute—

(b) an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority.

• (b) for paragraph (4) substitute—

(4) The Scottish Ministers may only grant an authorisation under this regulation in respect of a genetically modified variety if the marketing and release of the genetically modified material by the applicant has been authorised— (a) before the day on which IP completion day falls, under Part C of the 2001 Deliberate Release Directive, (b) under the Food and Feed Regulation, or (c) under the GMO Regulations.

• (8) In regulation 9A (exception for test and trial seed) —

• (a) for paragraph (1) substitute—

(1) Regulation 6(1)(b) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with— (a) a tests and trials authorisation; or (b) an authorisation which has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority.

• (b) in paragraph (4)—

• (i) for sub-paragraph (a) substitute—

(a) the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under— (i) regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or (ii) the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;

• (ii) for sub-paragraph (b) substitute—

(b) in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised— (i) before the day on which IP completion day falls, under Part C of the 2001 Deliberate Release Directive; (ii) under the Food and Feed Regulation; or (iii) under the GMO Regulations;

• (c) in paragraph (6), for “that permitted by Article 7 of the 2004 Commission Decision” substitute—

the greater of— (a) of the annual number of seeds used in the United Kingdom, and (i) in the case of durum wheat, 0.05%, (ii) in the case of oats, barley and wheat, 0.3%, (iii) in all other cases, 0.1%, (b) such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares

• (d) in paragraph (9), for “National List” to the end substitute “GB Variety List or an NI Variety List.”,

• (e) in paragraph (10), for “names of the Member State” to the end substitute “location of the trials within the United Kingdom”.

• (9) In regulation 9B (exception for Conservation Varieties) —

• (a) after paragraph (8), insert—

(8A) For the purposes of paragraph (8), Article 14 of Commission Directive 2008/62 is to be read as if— (a) in the first paragraph— (i) “Each Member State shall ensure that,” was omitted, (ii) for “does not exceed”, there were substituted “ may not exceed ”, (iii) for “that Member State”, there were substituted “ Great Britain ”, (b) in the second paragraph— (i) for “each Member State”, there were substituted “ Great Britain ”, (ii) for “the Member State” in both places where it occurs, there were substituted “ Great Britain ”.

• (b) in paragraph (11)—

• (i) in the definition of “additional region”, insert at the end—

, with Article 11(1) of Commission Directive 2008/62 being read as if for the reference to “Member States” in each place where it occurs and “the Member States” there were substituted “the Scottish Ministers

• (ii) for the definition of “region of origin” substitute—

• “region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if—in the first sub-paragraph—for “a Member State accepts”, there were substituted “the Scottish Ministers accept”;for “it shall”, there were substituted “they must”;for “It shall”, there were substituted “The Scottish Ministers must”;for “Member States”, there were substituted “Scottish Ministers”;the second sub-paragraph was omitted.

• (10) For regulation 10(2) (general exemptions) substitute—

(2) The Scottish Ministers may exercise the power under paragraph (1)— (a) for the purposes of a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act; or (b) to the extent that the provisions of the general licence are— (i) necessary in order to overcome any temporary difficulties in the supply of basic or certified seed— (aa) by permitting the marketing of seed of a category subject to less stringent requirements, or of seed of a variety not included in a GB Variety List or an NI Variety List; (bb) for a specified period; and (cc) in quantities necessary to resolve the supply difficulties; or (ii) permitted by Commission Regulation 217/2006 or an authorisation granted thereunder. (2A) The duration of a temporary experiment referred to in paragraph (2)(a) must not exceed 7 years. (2B) When seed is marketed in accordance with paragraph (2)(b)(i), the following labelling requirements apply— (a) for a category of seed of any given variety, the official label must be that provided for the corresponding category; (b) for seed of varieties not included in a GB Variety List or an NI Variety List the colour of the official label must be brown; (c) the label must always state that the seed in question is of a category satisfying less stringent requirements.

• (11) In regulation 11 (marketing of officially certified lower germination seed)—

• (a) in paragraph (1)—

• (i) in the words before sub-paragraph (a), omit “or Annex II (seed conditions) of the Cereal Seed Directive”,

• (ii) for sub-paragraph (b) substitute—

(b) which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in paragraph 16 of Part II of Schedule 4 in relation to Basic Seed— (i) by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain; or (ii) by the NI Authority, in accordance with the applicable requirements in Northern Ireland; or,

• (iii) for sub-paragraph (c)(ii) substitute—

(ii) in the case of seed which has been fully certified as being Pre-basic Seed or Basic Seed— (aa) by a GB Authority other than the Scottish Ministers, in the applicable requirements in the relevant part of Great Britain, irrespective of the findings of the GB Authority; or (bb) by the NI Authority, in the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.