(1) The Welsh Ministers may by licence exempt any person or class of person from compliance with any provision of these Regulations 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 Plant Varieties and Seeds Act 1964 .

(2) The duration of an experiment must not exceed 7 years.

General provisions relating to licences

Arrangements for official measures

28A

(1) The Welsh Ministers may make such arrangements with any person (“A”) as the Welsh Ministers consider necessary or desirable for the purpose of enabling A to carry out official measures on the Welsh Ministers’ behalf.

(2) The Welsh Ministers must not make any arrangement under this regulation unless satisfied that the arrangement makes provision for the purpose of preventing any person from—

(a) deriving any private gain from any official measures carried out under the arrangement; and

(b) carrying out any official measures under the arrangement except under official supervision.

(3) The Welsh Ministers may include in any arrangement such conditions as the Welsh Ministers consider necessary or desirable for the purposes referred to in paragraphs (1) and (2), including conditions—

(a) specifying—

(i) the official measures that A must carry out;

(ii) the species and generation of seed in respect of which A may carry out the official measures;

(iii) the methods to be used in connection with the official measures that A carries out;

(iv) the fees that A may charge in relation to the official measures that A carries out;

(v) the records that A must keep in connection with the official measures that A carries out;

(b) prohibiting A from—

(i) charging fees in relation to the official measures that A carries out under the arrangement except to the extent that the fees do not exceed the costs that A incurs in carrying them out;

(ii) carrying out the official measures except under official supervision;

(c) prohibiting A from making any further arrangement with any other person (“B”) for any purpose in connection with the carrying out of the official measures that A has arranged with the Welsh Ministers to carry out, unless—

(i) the Welsh Ministers have approved all the conditions of the further arrangement and A has received the prior written approval of the Welsh Ministers to make the further arrangement;

(ii) the further arrangement includes a condition prohibiting B from making any subsequent arrangements for any purpose connected with the carrying out of the official measures in respect of which the Welsh Ministers made an arrangement with A;

(iii) the further arrangement includes an acknowledgement by A that the Welsh Ministers may vary, revoke or suspend the further arrangement if it appears to the Welsh Ministers that B is not complying, or has failed to comply, with any condition of the further arrangement; and

(iv) the further arrangement includes the conditions specified in sub-paragraphs (a) and (b) of this paragraph and for these purposes references in those sub-paragraphs to A are to be construed as references to B and references to “the arrangement” are to be construed as references to the further arrangement.

(4) The Welsh Ministers must not approve the making of any further arrangement under this regulation unless satisfied that B will not—

(a) derive any private gain from any official measures that B is to be authorised to carry out under the further arrangement;

(b) carry out any official measures under the further arrangement except under official supervision.

(5) The Welsh Ministers may, by written notice to A or B (as the case may be), vary, suspend or revoke an arrangement or further arrangement, or any conditions of an arrangement or further arrangement made under this regulation.

(6) A notice given under paragraph (5) must specify—

(a) in respect of a variation or revocation, the date from which the variation or revocation takes effect;

(b) in respect of a suspension, the period during which the suspension has effect.

(7) When a variation, revocation or suspension has effect, the Welsh Ministers may, for any purposes in relation to these Regulations, continue to have regard to such of the official measures carried out under an arrangement (or further arrangement) which was varied, revoked or suspended as appear to the Welsh Ministers to be official measures carried out in accordance with the provisions of these Regulations.

(8) In this regulation, “official measures” (“mesurau swyddogol”) include official examinations, growing trials, tests and assessments.

Fees

Marketing seed under a specific derogation

Confidentiality

Licensing and certifying in another part of the United Kingdom

Transitional provisions

Revocation

Marketing seed certified in another European Single Market State

PART A1 — Introduction

Interpretation

A1

In this Schedule—

“EU Plant Health Regulation” (“Rheoliad Iechyd Planhigion yr UE”) means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;

“PFA quarantine pest” (“pla cwarantin ardal sy’n rhydd rhag plâu”) means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation;

“RNQP” (“PRHG”) means a GB regulated non-quarantine pest within the meaning given by Article 36 of the EU Plant Health Regulation;

“GB quarantine pest” (“pla cwarantin Prydain Fawr”) means a pest within the meaning given by Article 4 of the EU Plant Health Regulation.

Importation from a country granted equivalence

Certification in a Crown Dependency or a country granted equivalence

32A

Any seed certified and labelled in a Crown Dependency or a country granted equivalence under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations may be marketed in Wales.

Transitional provision for official labels on implementation period completion day

32B

For the purposes of regulation 17 and paragraphs 7(1)(a) and 8(1)(a) of Schedule 3, an official label pre-printed before implementation period completion day containing the statement “EU Rules and Standards” may be used as an official label before the end of the period of one year beginning with the day after the day on which implementation period completion day falls.

Transitional provisions

Revocation

...

Enwi, cymhwyso a chychwyn

Ystyr “marchnata”

Dehongli termau eraill

Hadau y mae'r Rheoliadau hyn yn gymwys iddynt

Categorïau o hadau

Hadau bridiwr

Cynheiliaid ar gyfer hadau cyn-sylfaenol a sylfaenol

Marchnata hadau

Eithriadau

Gofynion gor-redol ar gyfer ardystio

Gofynion manwl ar gyfer ardystio

Archwilio cnydau

Safon hadau ar adeg eu marchnata

Ailraddio cnwd neu hadau

Plotiau rheoli a phrofion

Pecynnu a selio

Labelu

Cymysgeddau o hadau

Cymysgeddau a ganiateir

Cofnodion

Gweithrediadau y mae trwydded gan Weinidogion Cymru yn ofynnol ar eu cyfer

Trwyddedu arolygwyr cnydau, samplwyr hadau a gorsafoedd profi hadau

Darpariaethau cyffredinol ynglŷn â thrwyddedau

Tynnu ardystiad yn ôl

Samplu at ddibenion gorfodi

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.