The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019

Made: 24th January 2019

Laid before Parliament: 4th February 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred —in relation to Part 1, by the powers mentioned in paragraphs (b) and (c);in relation to Part 2, by section 2(2) of the European Communities Act 1972 ;in relation to Parts 3 to 5, by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State makes these Regulations in exercise of the powers conferred —

in relation to Part 1, by the powers mentioned in paragraphs (b) and (c);

in relation to Part 2, by section 2(2) of the European Communities Act 1972 ;

in relation to Parts 3 to 5, by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy .

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

PART 1 — Introductory

Citation and commencement

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• (1) These Regulations may be cited as the Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019.

• (2) They come into force as follows—

• (a) as regards this Part and Part 2, 21 days after the day on which these Regulations are laid;

• (b) as regards Parts 3 to 5, on exit day.

PART 2 — Amendments made to out of date references

The Seeds (National Lists of Varieties) Regulations 2001

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• (1) The Seeds (National Lists of Varieties) Regulations 2001 are amended as follows.

• (2) In regulation 2(1), for the definition of “the Novel Foods Regulation” substitute—

“the Novel Foods Regulation” means Council Regulation (EC) No 258/97 concerning novel foods and novel food ingredients , as it applied immediately before 18 April 2004;

• (3) In Schedule 1, in Part 2, in paragraph 2—

• (a) for the table headed “Agricultural crop species” substitute—

Name	Common Name
Alopecurus pratensis L	Meadow foxtail
Arachis hypogaea L	Groundnut (peanut)
Avena strigosa Schreb	Black oat, Bristle oat
Biserrula	Biserrula
Carthamus tinctoriusL	Safflower
Carum carviL	Caraway
Cynodon dactylon(L) Pers	Bermuda grass
Galega orientalisLam	Fodder galega
Gossypium spp	Cotton
Hedysarum coronariumL	Sulla
Lathyrus cicera	Chickling vetch/Dwarf chickling vetch
Medicago doliata	Straight-spined medic
Medicago italica	Disc medic
Medicago littoralis	Shore medic/Strand medic
Medicago murex	Sphere medic
Medicago polymorpha	Bur medic
Medicago rugosa	Wrinkled medic/Gama medic
Medicago scutellata	Snail medic/Shield medic
Medicago truncatula	Barrel medic
Ornithopus compressus	Yellow serradella
Ornithopus sativus	Serradella
Oryza sativaL	Rice
Papaver somniferumL	Poppy
Phacelia tanacetifoliaBenth	California bluebell
Phalaris aquaticaL	Harding grass, Phalaris
Phalaris canariensisL	Canary grass
Plantago lanceolata	Ribwort plantain
Poa palustrisL	Swamp meadowgrass
Sorghum bicolor(L) Moench	Sorghum
Sorghum sudanense(Piper) Stapf	Sudan grass
Sorghum bicolor (L) Moench xSorghum Sudanese(Piper) Stapf.	Hybrids resulting from the crossing of Sorghum bicolor and Sorghum Sudanese
Trisetum flavescens(L) P Beauv	Golden oatgrass
Trifolium alexandrinumL	Berseem, Egyptian clover
Trifolium fragiferum	Strawberry clover
Trifolium glanduliferum	Glandular clover
Trifolium hirtum	Rose clover
Trifolium incarnatumL	Crimson clover
Trifolium isthmocarpum	Moroccan clover
Trifolium michelianum	Balansa clover
Trifolium resupinatumL	Persian clover
Trifolium squarrosum	Squarrose clover
Trifolium subterraneum	Subterranean clover
Trifolium vesiculosum	Arrow-leaf clover
Trigonella foenum-graecumL	Fenugreek
Vicia benghalensis	Purple vetch

• (b) after the table headed “Vegetable species” insert—

Name	Common Name
Vitis	Vine

PART 3 — Amendments relating to withdrawal from the European Union

The Seeds (National Lists of Varieties) Regulations 2001

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• (1) The Seeds (National Lists of Varieties) Regulations 2001 are amended as follows.

• (2) In regulation 2—

• (a) in paragraph (1)—

• (i) omit the definition of “the Commission Regulation”;

• (ii) in the definition of “the relevant legislation”, in sub-paragraph (c), for paragraphs (i) and (ii) substitute—

(i) in relation to material authorised before IP completion day— (aa) the 1990 Directive, or (bb) the Deliberate Release Directive; and (ii) in relation to material authorised after IP completion day— (aa) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 ; (bb) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 ; (cc) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 ; (dd) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 .

• (iii) in the definition of “varietal association”, in both places where it occurs, omit “or a Common Catalogue”;

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) omit paragraph 5.

• (3) In regulation 3(3)(b), for “to third countries” substitute “ from the United Kingdom ”.

• (4) In regulation 4(3)(b)—

• (a) for “Member State” substitute “ country, the Channel islands or the Isle of Man ”;

• (b) for “state” substitute “ place ”.

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

• (6) In regulation 6—

• (a) in paragraph (2)—

• (i) in sub-paragraph (a), for the words from “European Union” to the end substitute “ United Kingdom is precluded by a prior right of a third party ”;

• (ii) in sub-paragraph (c), for “article 4 of the Commission Regulation” substitute “regulation 3 of the Plant Breeders' Rights (Naming and Fees) Regulations 2006 ”;

• (iii) in sub-paragraph (e), omit “in a member State”;

• (b) in paragraph (3)—

• (i) in sub-paragraph (a), for the words from “, as defined” to the end substitute “ of a member of the International Union for the Protection of New Varieties of Plants ”;

• (ii) in sub-paragraph (b) omit the words from “, a list” to the end;

• (iii) in sub-paragraph (c), in the words before paragraph (i), for the words from “those” to the end substitute “ these Regulations, in a country ”;

• (iv) in sub-paragraph (d) omit the words from “, on a list” to the end;

• (c) in paragraph (4), for “a third” substitute “ another ”.

• (7) In regulation 8—

• (a) in paragraph (2), for “European Union” substitute “ United Kingdom and available comparable varieties accepted onto the national lists of countries outside the United Kingdom which have comparable varietal listing procedures and similar growing conditions ”;

• (b) in paragraph (3)—

• (i) omit “also”;

• (ii) for “not known in the European Union” substitute “ in addition to those specified in paragraph (2) ”.

• (8) In regulation 11—

• (a) in paragraph (2)—

• (i) in sub-paragraph (a)—

• (aa) for “a Common Catalogue” substitute “ the GB Variety Lists ”;

• (bb) for the words from “that an” to the end substitute “ published by the appropriate authority that ”;

• (ii) in sub-paragraph (b), for “a Common Catalogue” substitute “ the GB Variety Lists ”;

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in paragraph (4)—

• (i) in sub-paragraph (a), omit “ or a Common Catalogue; or”;

• (ii) omit sub-paragraph (b);

• (c) in paragraph (5), omit “or a Common Catalogue”.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In regulation 14—

• (a) in paragraph (2), for the words from “the Common” to “Marketing Directive” substitute “ these Regulations ”;

• (b) in paragraph (3), for the words from “European Union” to the end substitute “ United Kingdom ”.

• (11) In Schedule 2, in Part 1, in paragraph 1—

• (a) in sub-paragraph (1), for “European Union” substitute “ United Kingdom or accepted onto an official register of plant varieties corresponding to a GB Variety List in a country outside the United Kingdom with similar growing conditions ”;

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

(3) Where, at the time when an application for acceptance of a variety is duly made, a variety is known in the United Kingdom (or accepted onto an official register of plant varieties corresponding to a GB Variety List in a country outside the United Kingdom with similar growing conditions), but when that application is determined the variety is no longer known in the United Kingdom (or accepted onto that official register), that variety must be disregarded for the purpose of determining distinctness as part of that application.

• (12) In Schedule 2, in Part 3, omit paragraph (c).

PART 4 — Amendment of retained direct EU legislation relating to withdrawal from the European Union

Commission Regulation (EC) 217/2006

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• (1) Commission Regulation 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination is amended as follows.

• (2) Before Article 1 insert—

(1) In this Regulation— - “the appropriate authority” means— 1. in relation to England, the Secretary of State; 2. in relation to Wales, the Welsh Ministers; 3. in relation to Scotland, the Scottish Ministers; 4. ... - “the Department of Agriculture” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland; - “responsible authority” means—in relation to shortages in supply of fodder seed, any authority who, in relation to any part of Great Britain, is the appropriate authority and, in relation to Northern Ireland, the Department of Agriculture, and is the Secretary of State if consent is given by—in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers;in relation to Northern Ireland, the Department of Agriculture;in relation to shortages in supply of seed other than fodder seed, any authority who, in relation to any part of Great Britain, is the appropriate authority and is the Secretary of State if consent is given by—in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers; - “the Seeds Marketing Regulations” means— 1. in relation to England, the Seed Marketing Regulations 2011 ; 2. in relation to Wales, the Seed Marketing (Wales) Regulations 2012 ; 3. in relation to Scotland— 1. the Vegetable Seeds Regulations 1993 ; 2. the Oil and Fibre Plant Seed (Scotland) Regulations 2004 ; 3. the Cereal Seed (Scotland) Regulations 2005 ; 4. the Fodder Plant Seed (Scotland) Regulations 2005 ; and 5. the Beet Seed (Scotland) (No 2) Regulations 2010 ; 4. in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016 .

• (3) In Article 1—

• (a) for paragraph 1 substitute—

(1) This Regulation lays down the rules applying to requests for permission temporarily to market seed which does not satisfy the requirements in respect of minimum germination in accordance with the Seeds Marketing Regulations.

• (b) in paragraph 2, for the words from “Directives” to the end substitute “ Seeds Marketing Regulations ”.

• (4) In Article 2—

• (a) for paragraph 1 substitute—

(1) Interested suppliers or supplier organisations affected by supply difficulties of fodder seed in the United Kingdom, or of seed other than fodder seed in Great Britain, and wishing to be authorised temporarily to market seed not satisfying the requirements in respect of minimum germination must submit to a responsible authority a request setting out the information referred to in Article 3. That authority must thereupon notify the other responsible authorities of the request.

• (b) in paragraph 2—

• (i) in the words before sub-paragraph (a), for the words “other Member” to “requesting Member State” substitute “ the other responsible authorities may notify the authority to whom the request was made ”;

• (ii) in sub-paragraph (b), for “Directives referred to in Article 1(1)” substitute “ Seeds Marketing Regulations ”;

• (c) for paragraph 3 substitute—

(3) Seeds covered by the request up to the quantity requested may be marketed in the territory of the authority without satisfying the requirements of the Seeds Marketing Regulations if, within the period referred to in paragraph 2— (a) no offers or objections are notified to the authority to whom the request was made, or (b) where any offers are made, that authority and the responsible authority or authorities making those offers agree that the offers are unsuitable. The authority to whom the request was made must publish the conditions under which the marketing is authorised, including the quantity allowed.

• (d) omit paragraph 4.

• (5) In Article 3(e), for “of the requesting Member State” substitute “ in the United Kingdom ”.

• (6) In Article 4—

• (a) for the words from “Without” to “Article 1(1)” substitute “ In addition to any labelling required under the Seeds Marketing Regulations ”;

• (b) for “those Directives” substitute “ the relevant Seeds Marketing Regulations ”.

• (7) In Article 5—

• (a) in paragraph 1—

• (i) in the words before point (a), for “Member States” substitute “ responsible authorities ”;

• (ii) in point (b), omit “for the Community”;

• (b) omit paragraphs 2 and 3.

• (8) Omit the words after Article 6.

Commission Decision 80/512/EEC

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• (1) Commission Decision 80/512/EEC authorising the Kingdom of Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom not to apply the conditions laid down in Council Directive 66/401/EEC on the marketing of fodder plant seed, as regards the weight of the sample for the determination of seed of Cuscuta is amended as follows.

• (2) Before Article 1 insert—

In this Decision, “the appropriate authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers; (c) in relation to Scotland, the Scottish Ministers; (d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

• (3) In Article 1—

• (a) in paragraph 1—

• (i) for the words from “The Kingdom of Denmark” to “authorized” substitute “ The appropriate authorities may decide ”;

• (ii) omit “for them”;

• (iii) for “the Member State concerned” substitute “ the territory in relation to which they have responsibility ”;

• (b) omit paragraph 2.

• (4) Omit Article 3.

• (5) In the Annex, omit paragraphs 1 to 4.

Council Decision 2003/17/EC

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