The Marketing of Fruit Plant and Propagating Material (Wales) (Amendment) Regulations 2025

Made: 22 August 2025

Laid before Senedd Cymru: 27 August 2025

Coming into force: 7 October 2025

In accordance with section 16(1) of the 1964 Act, the Welsh Ministers have consulted with representatives of such interests as appear to them to be concerned.

Title and coming into force

1

• (1) The title of these Regulations is the Marketing of Fruit Plant and Propagating Material (Wales) (Amendment) Regulations 2025.

• (2) These Regulations come into force on 7 October 2025.

Amendments to the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017

2

The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017[^f00002] (“the Fruit Marketing Regulations”) are amended in accordance with Regulations 3 to 7.

Amendment to regulation 2 of the Fruit Marketing Regulations

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In regulation 2 (interpretation: general), at the appropriate place in alphabetical order, insert—

• “marketing” (“marchnata”) means the sale, holding with a view to a sale, offer for sale, and any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties, whether or not for consideration;

Amendment to regulation 3 of the Fruit Marketing Regulations

4

• (1) In regulation 3 (interpretation: Directives), paragraph (2), after “amended from time to time”[^f00003] insert “as modified by Schedule 6 to these Regulations”.

• (2) After regulation 3(2) insert—

(3) Schedule 6 has effect for making modifications to Directive 2014/98/EU.

Amendment to Schedule 2 to the Fruit Marketing Regulations

5

In Schedule 2, in Part 2 (supplier’s document: CAC material), after paragraph 8(b)(xi) insert—

; (xii) in the case of a genetically modified variety, a statement that the variety has been genetically modified and a list of the genetically modified organisms

Amendment to Schedule 5 to the Fruit Marketing Regulations

6

In Schedule 5, in Part 2 (certification of pre-basic material), in paragraph 4(2)(b) (rootstocks not belonging to a variety) for “variety” substitute “species”.

Insertion of Schedule 6 to the Fruit Marketing Regulations

7

After Schedule 5, insert Schedule 6 which is set out in the Schedule to these Regulations.

SCHEDULE — Insertion of Schedule 6 to the Fruit Marketing Regulations

Signed

Huw Irranca-Davies — Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers — 22 August 2025

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 (“the Fruit Marketing Regulations”).

Regulation 3 inserts a definition of “marketing” into the general interpretation provision to ensure clarity over the activities covered by the Fruit Marketing Regulations.

Regulation 4 amends an interpretation provision regarding Directives to give effect to modifications to Commission Implementing Directive 2014/98/EU (“the Directive”). The modifications to the Directive are included in a new Schedule 6 to the Fruit Marketing Regulations. The modifications ensure that categorisations of pests and requirements for the places of production are up to date and consistent with recent developments and the ongoing assessment of risk.

Regulation 5 amends Schedule 2 to the Fruit Marketing Regulations to require a supplier’s document accompanying CAC material to state if the variety is genetically modified.

Regulation 6 amends Schedule 5 to the Fruit Marketing Regulations to amend an incorrect use of the word “variety”.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained by contacting the Landscapes, Nature and Forestry Division, Climate Change and Rural Affairs Department, Welsh Government, Cathays Park, Cardiff CF10 3NQ.

Footnotes

[^f00001]: 1964 c. 14. Section 16 was amended by section 4(1) of, and paragraph 5(1), (2) and (3) of Schedule 4 to, the European Communities Act 1972 (c. 68) and by S.I. 1977/1112. Other amendments have been made to section 16 but are not relevant to this instrument. Section 29 was amended by S.I. 2022/1315 to extend the application of Part II of the Act as it applies to seeds to include vegetative propagating or vegetative planting material. Section 38(1) defines “the Minister”. Under the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272) (“the 1978 Order”), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales. By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006, those functions are exercisable by the Welsh Ministers.

[^f00002]: S.I. 2017/691 (W. 163); amended by S.I. 2019/368 (W. 90), S.I. 2020/206 (W. 48), S.I. 2020/311 (W. 70), S.I. 2020/833 (W. 182), S.I. 2022/1333 (W. 270).

[^f00003]: Paragraph 2 of Schedule 8 to the European Union (Withdrawal) Act 2018 prevents the words “amended from time to time” from having effect after the implementation period completion day.