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

Statutory Instruments

2019 No. 162

Exiting The European Union

Seeds

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

Sift requirements satisfied

8th January 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 —

(a)

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

(b)

in relation to Part 2, by section 2(2) of the European Communities Act 1972 M1 ;

(c)

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 M2 .

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 M3 .

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.

Marginal Citations

M1 1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions in relation to Wales.

M2 2018 c. 16.

M3 S.I.1972/1811, to which there are amendments not relevant to these Regulations.

PART 1 U.K. Introductory

Citation and commencement U.K.

1.—(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.

Commencement Information

I1 Reg. 1 in force at 25.2.2019, see reg. 1(2)(a)

[F1 Extent U.K.

1A.   Regulation 3 extends to England and Wales and Scotland.]

Textual Amendments

F1 Reg. 1A inserted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(2)

PART 2 U.K. Amendments made to out of date references

The Seeds (National Lists of Varieties) Regulations 2001 U.K.

2.—(1) The Seeds (National Lists of Varieties) Regulations 2001 M4 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 M5 , 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—

“Agricultural crop species

Name	Common Name
Alopecurus pratensis L	Meadow foxtail
Arachis hypogaea L	Groundnut (peanut)
Avena strigosa Schreb	Black oat, Bristle oat
Biserrula	Biserrula
Carthamus tinctorius L	Safflower
Carum carvi L	Caraway
Cynodon dactylon (L) Pers	Bermuda grass
Galega orientalis Lam	Fodder galega
Gossypium spp	Cotton
Hedysarum coronarium L	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 sativa L	Rice
Papaver somniferum L	Poppy
Phacelia tanacetifolia Benth	California bluebell
Phalaris aquatica L	Harding grass, Phalaris
Phalaris canariensis L	Canary grass
Plantago lanceolata	Ribwort plantain
Poa palustris L	Swamp meadowgrass
Sorghum bicolor (L) Moench	Sorghum
Sorghum sudanense (Piper) Stapf	Sudan grass
Sorghum bicolor (L) Moench x Sorghum Sudanese (Piper) Stapf.	Hybrids resulting from the crossing of Sorghum bicolor and Sorghum Sudanese
Trisetum flavescens (L) P Beauv	Golden oatgrass
Trifolium alexandrinum L	Berseem, Egyptian clover
Trifolium fragiferum	Strawberry clover
Trifolium glanduliferum	Glandular clover
Trifolium hirtum	Rose clover
Trifolium incarnatum L	Crimson clover
Trifolium isthmocarpum	Moroccan clover
Trifolium michelianum	Balansa clover
Trifolium resupinatum L	Persian clover
Trifolium squarrosum	Squarrose clover
Trifolium subterraneum	Subterranean clover
Trifolium vesiculosum	Arrow-leaf clover
Trigonella foenum-graecum L	Fenugreek
Vicia benghalensis	Purple vetch”

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

“Vine species

Name	Common Name
Vitis	Vine”

Commencement Information

I2 Reg. 2 in force at 25.2.2019, see reg. 1(2)(a)

Marginal Citations

M4 S.I. 2001/3510; relevant amending instruments are S.I. 2004/2949, 2010/1195, 2011/1043, 2018/942.

M5 OJ No L 043, 14.02.1997, p.1; as last amended by Council Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p. 14).

PART 3 U.K. Amendments relating to withdrawal from the European Union

The Seeds (National Lists of Varieties) Regulations 2001 E+W+S

3.—(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 [F2 IP completion day]—

(aa) the 1990 Directive, or

(bb) the Deliberate Release Directive; and

(ii) in relation to material authorised after [F2 IP completion day]—

(aa) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M6 ;

(bb) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M7 ;

(cc) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M8 ;

(dd) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M9 .”;

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

F3 (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 ”.

F4 (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 M10 ”;

(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 [F5 GB Variety] Lists ”;

(bb) for the words from “that an” to the end substitute “ published by the [F6 appropriate authority] that ”;

(ii) in sub-paragraph (b), for “a Common Catalogue” substitute “ the [F7 GB Variety] Lists ”;

F8 (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”.

F9 (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 [F10 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 [F11 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.”.

[F12 (12) In Schedule 2, in Part 3, omit paragraph (c).]

Textual Amendments

F2 Words in reg. 3(2)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(a)(i)

F3 Reg. 3(2)(a)(iv) omitted (31.12.2020 immediately before IP completion day) by virtue of The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(a)(ii)

F4 Reg. 3(5) omitted (31.12.2020 immediately before IP completion day) by virtue of The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(b)

F5 Words in reg. 3(8)(a)(i)(aa) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(c)(i)

F6 Words in reg. 3(8)(a)(i)(bb) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(c)(ii)

F7 Words in reg. 3(8)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(c)(i)

F8 Reg. 3(8)(a)(iii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(c)(iii)

F9 Reg. 3(9) omitted (31.12.2020 immediately before IP completion day) by virtue of The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(d)

F10 Words in reg. 3(11)(a) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(e)(i)

F11 Words in reg. 3(11)(b) substituted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(e)(ii)

F12 Reg. 3(12) inserted (31.12.2020 immediately before IP completion day) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(a), 4(3)(f)

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Marginal Citations

M6 S.I. 2002/2443, as amended by S.I. 2004/2411, 2018/575.

M7 S.I. 2002/3188 (W. 304), amended by S.I. 2005/2759, 2013/755 (W. 90).

M8 S.S. I. 2002/541, amended by S.I. 2004/439, 2015/100.

M9 S. R. 2003 No. 167.

M10 S.I. 2006/648, amended by S.I. 2018/942.

PART 4 U.K. Amendment of retained direct EU legislation relating to withdrawal from the European Union

Commission Regulation (EC) 217/2006 U.K.

4.—(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—

“Article A1 U.K.

1.   In this Regulation—

“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)

F13 ...

[F14 “the Department of Agriculture” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;]

[F15 “responsible authority” means—

(a)

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—

(i)

in relation to Wales, the Welsh Ministers;

(ii)

in relation to Scotland, the Scottish Ministers;

(iii)

in relation to Northern Ireland, the Department of Agriculture;

(b)

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—

(i)

in relation to Wales, the Welsh Ministers;

(ii)

in relation to Scotland, the Scottish Ministers;]

“the Seeds Marketing Regulations” means—

(a)

in relation to England, the Seed Marketing Regulations 2011 M11 ;

(b)

in relation to Wales, the Seed Marketing (Wales) Regulations 2012 M12 ;

(c)

in relation to Scotland—

(i)

the Vegetable Seeds Regulations 1993 M13 ;

(ii)

the Oil and Fibre Plant Seed (Scotland) Regulations 2004 M14 ;

(iii)

the Cereal Seed (Scotland) Regulations 2005 M15 ;

(iv)

the Fodder Plant Seed (Scotland) Regulations 2005 M16 ; and

(v)

the Beet Seed (Scotland) (No 2) Regulations 2010 M17 ;

(d)

in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016 M18 .”.

(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 [F16 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.

Textual Amendments

F13 Words in reg. 4(2) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(2)(a)(i)

F14 Words in reg. 4(2) inserted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(2)(a)(ii)

F15 Words in reg. 4(2) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(2)(a)(iii)

F16 Words in reg. 4(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(2)(b)

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Marginal Citations

M11 S.I. 2011/463, amended by S.I. 2011/2992, 2012/3035, 2014/487, 2016/613, 2017/288.

M12 S.I. 2012/245 (W. 39), amended by S.I. 2013/889 (W. 101), 2014/519 (W.61), 2016/1242 (W. 294), 2017/1095 (W. 276).

M13 S.I. 1993/2008, amended by S.I. 1999/1863, 2011/1043 and by S.S.I. 2000/250, 2001/3510, 2007/305, 2010/219, 425, 2013/326, 2016/434.

M14 S.S.I. 2004/317, amended by S.I. 2011/1043 and by S.S.I. 2006/313, 2007/224, 536, 2009/223, 2010/219, 2016/68, 434.

M15 S.S.I. 2005/328, amended by S.S.I. 2006/313, 448, 2007/224, 536, 2009/223, 2010/219, 2016/68, 434.

M16 S.S.I. 2005/329, amended by S.S.I. 2006/313, /448, 2007/224, /536, 2009/223, 330, 2010/219, 2012/5, 2013/326, 2016/68, 434, 2017/384.

M17 S.S.I. 2010/148, amended by S.I. 2011/413, and by S.S.I. 2016/68, 434.

M18 S.R. 2016 No. 244, amended by S.R. 2017 No. 222.

Commission Decision 80/512/EEC U.K.

5.—(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—

“Article A1 U.K.

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.

Commencement Information

I5 Reg. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I6 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Council Decision 2003/17/EC U.K.

6.—(1) Council Decision 2003/17/EC on equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries is amended as follows.

(2) Before Article 1 insert—

“Article A1 U.K.

1.   In this Decision, “the Seeds Marketing Regulations” means—

(a) in relation to England, the Seed Marketing Regulations 2011;

(b) in relation to Wales, the Seed Marketing (Wales) Regulations 2012;

(c) in relation to Scotland—

(i) in relation to vegetable seed, the Vegetable Seeds Regulations 1993;

(ii) in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004;

(iii) in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005;

(iv) in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005;

(v) in relation to beet seed, the Beet Seed (Scotland) (No 2) Regulations 2010;

(d) in relation to Northern Ireland [F17 in relation to fodder seed, the relevant provisions of], the Seed Marketing Regulations (Northern Ireland) 2016.

[F18 a “country granted equivalence” means a country that has been assessed by, in relation to England, the Secretary of State, in relation to Wales, the Welsh Ministers, and in relation to Scotland, the Scottish Ministers that the seed from that country is produced under conditions equivalent to the requirements in the Seeds Marketing Regulations for seed to which those Regulations apply.”].

[F19 (3) In Article 1—

(a) after “Decision” insert “and, in relation to Northern Ireland, field inspections concerning seed-producing crops of the species specified in Directive 66/401/EEC on the marketing of fodder plant seed only”;

(b) omit “third”;

(c) for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “the Seeds Marketing Regulations”;

(3A) In Article 2—

(a) after “Decision”, in the first place where it occurs, insert “and, in relation to Northern Ireland, seed of the species specified in Directive 66/401/EEC on the marketing of fodder plant seed only”;

(b) omit “third”;

(c) for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “the Seeds Marketing Regulations”;]

(4) In Article 3—

(a) in paragraph 1—

(i) for “Community”, in both places where it occurs, substitute “ United Kingdom ”;

(ii) for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “ the Seeds Marketing Regulations ”;

(iii) omit the second paragraph.

(b) in paragraph 2—

(i) for “Community” substitute “ United Kingdom ”;

[F20 (ii) for “EC labels shall be used only” substitute “labels shall be used stating, in relation to fodder seed, “UK rules and standards”, and in relation to all other seed “GB rules and standards” only”]

(iii) in point (a)—

(aa) for “Member States” substitute “ the United Kingdom ”;

(bb) for “third countries” substitute “ countries listed in Annex 1 ”;

(iv) in point (b)—

(aa) for “small EC” substitute “ beet, fodder or vegetable seed, small ”;

(bb) for “Directives 66/401/EEC, 2002/54/EC or 2002/55/EC” substitute “ the Seeds Marketing Regulations ”.

(5) Omit Article 7.

(6) In Annex 2—

(a) in paragraph A—

(i) in the heading, for “third countries” substitute “ countries listed in Annex 1 ”;

(ii) in point 3, in the first indent, omit “Member State or third”;

(b) in paragraph B—

(i) in the heading, for “third countries” substitute “ countries listed in Annex 1 ”;

(ii) in point 1, in the second subparagraph, for “Community rules” substitute “ the Seeds Marketing Regulations ”;

(iii) in point 2.1, for “laid down in” substitute “ specified by the Seeds Marketing Regulations and ”;

(iv) in point 3.1, in the first indent—

(aa) for “Community rules” substitute “ the Seeds Marketing Regulations ”;

[F21 (bb) for “EC rules and standards” substitute “in relation to fodder seed – “UK rules and standards”, and in relation to all other seed “GB rules and standards”;]

[F22 (v) in point 3.2, for “Community law” substitute “, in relation to fodder seed, the law of the United Kingdom, and in relation to seed other than fodder seed, the law of Great Britain”;]

(vi) in point 3.5, for the words from “at least” to the end substitute “ English and may also be given in other languages ”;

[F23 (vii) in point 5—

(aa) in the first sub-paragraph, for “the Community”, in both places where it occurs, substitute “United Kingdom”;

(bb) for the second sub-paragraph substitute—

“In the case of basic seed of other varieties, the seed of the preceding generations shall have been produced—

• under the responsibility of the persons responsible for the maintenance of the variety referred to in the GB Variety Lists pursuant to regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001 or the NI Variety Lists pursuant to legislation having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001;

• in a country which has been granted equivalence of checks on practices for the maintenance of varieties under Council Decision 2005/834/EC; or

• in a country granted equivalence and under the responsibility of the persons responsible for the maintenance of the variety.”.]

(viii) in point 6—

(aa) in the first indent, for “Community,” substitute “ United Kingdom ”;

(bb) in the second indent, omit “third” and, at the end, insert “ or ”;

(cc) after the second indent, insert— “ [F24 in a country granted equivalence.]”.

Textual Amendments

F17 Words in reg. 6(2) inserted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(3)(a)(i)

F18 Words in reg. 6(2) inserted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(3)(a)(ii)

F19 Reg. 6(3)(3A) substituted for reg. 6(3) (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(3)(b)

F20 Reg. 6(4)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(3)(c)

F21 Reg. 6(6)(b)(iv)(bb) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(3)(d)(i)

F22 Reg. 6(6)(b)(v) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(3)(d)(ii)

F23 Reg. 6(6)(b)(vii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(3)(d)(iii)

F24 Words in reg. 6(6)(b)(viii)(cc) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(3)(d)(iv)

Commencement Information

I7 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Prospective

Council Decision 2005/834/EC U.K.

F25 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Reg. 7 omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(4)

Prospective

Commission Implementing Decision 2012/340/EU U.K.

F26 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Reg. 8 omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(5)

Commission Implementing Decision 2014/150/EU U.K.

9.—(1) Commission Implementing Decision 2014/150/EU on the organisation of a temporary experiment providing for certain derogations for the marketing of populations of the plant species wheat, barley, oats and maize pursuant to Council Directive 66/402/EEC is amended as follows.

(2) Before Article 1 insert—

“Article A1 U.K.

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)

F27 ...

“responsible authority” means any authority who, in relation to any part of [F28 Great Britain], is the appropriate authority.”.

(3) In Article 1(1) omit “at Union level”.

(4) In Article 3—

(a) in the heading omit “of Member States”;

(b) for “Member State” substitute “ responsible authority ”;

(c) for “Member States”, in each place where it occurs, substitute “ responsible authorities ”;

(d) in paragraph 2, omit “the Commission and”;

(e) in paragraph 3, for “Commission” substitute “ other responsible authorities ”.

(5) In Articles 4, 6, 7, 10, 12 [F29 , 13], 17 and 18—

(a) for “Member State”, in each place where it occurs, substitute “ appropriate authority ”;

(b) for “Member States”, in each place where it occurs, substitute “ responsible authorities ”;

(c) for “seed certification authority”, in each place where it occurs, substitute “ appropriate authority ”.

(6) In Article 7(4) omit “and the Commission”.

(7) In Article 8(1), for “Article 9(6) of Council Directive 2002/53/EC” substitute “the Plant Breeders' Rights (Naming and Fees) Regulations 2006”.

(8) In Article 12(1), for “in the participating Member State” substitute “ in the territory for which the responsible authority in question is the appropriate authority ”.

(9) In Article 14, in the words before point (a), for the words from “seed” to “States” substitute “ appropriate authority ”.

(10) In Article 18, in paragraphs 1 and 2, omit “the Commission and”.

(11) Omit Article 20.

(12) In Annex 1—

[F30 (za) in point 1, for “EU” substitute “GB”;]

(a) in point 2, for “seed certification authority and the Member state” substitute “ appropriate authority ”;

(b) in point 9, for “Member State” substitute “ Country ”.

(13) In Annex 2, in the last subparagraph, for “Member States” substitute “ responsible authorities ”.

(14) In Annex 3—

(a) in point (c), for “Member State” substitute “ country ”;

(b) in point (d), for “Member States” substitute “ responsible authorities ”.

Textual Amendments

F27 Words in reg. 9(2) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(6)(a)(i)

F28 Words in reg. 9(2) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(6)(a)(ii)

F29 Word in reg. 9(5) inserted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(6)(b)

F30 Reg. 9(12)(za) inserted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(6)(c)

Commencement Information

I8 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Commission Implementing Decision 2017/547/EU U.K.

10.—(1) Commission Implementing Decision 2017/547/EU on the organisation of a temporary experiment under Council Directive 2002/56/EC as regards seed potato tubers derived from true potato seed is amended as follows.

(2) In Article 1—

(a) in paragraph (1), omit “at Union level”;

[F31 (b) in paragraph (2)(h), for “the Union” substitute “Great Britain”.]

(3) In Article 2—

[F32 (a) for “the Union”, in each place where it occurs, substitute “Great Britain”;]

(b) after point (d) insert—

“(e) “appropriate authority” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

F33 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) “responsible authority” means any authority who, in relation to any part of [F34 Great Britain], is the appropriate authority;

(g) “the Seed Potatoes Regulations” means—

(i) in relation to England, the Seed Potatoes (England) Regulations 2015 M19 ;

(ii) in relation to Wales, the Seed Potatoes (Wales) Regulations 2016 M20 ;

(iii) in relation to Scotland, the Seed Potatoes (Scotland) Regulations 2015 M21 ;

F35 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(4) In Article 3—

(a) for “Member State”, in each place where it occurs, substitute “ responsible authority ”;

(b) for “Commission and the other Member States”, in both places it occurs, substitute “ other responsible authorities ”.

(5) In Article 4—

(a) in the first paragraph —

(i) for “Member States” substitute “ responsible authorities ”;

(ii) for “Directive 2002/56/EC” substitute “ the Seed Potatoes Regulations, ”;

(iii) for point (a), substitute—

“(a) it is listed in the [F36 GB Variety] Lists of plant varieties under regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001;”;

(iv) omit point (b);

(v) in point (c), for the words from “pursuant” to the end substitute “ under regulation 4 of the Seeds (National Lists of Varieties) Regulations 2001 ”;

(b) in the second paragraph—

(i) omit “as referred to in Article 2(b)(i) of Directive 2002/56/EC”;

(ii) omit the words from “as referred to in Article 2(c)(i)” to the end.

(6) In Article 5, in the first paragraph—

(a) in the first place where it occurs, for “Member State” substitute “ responsible authority ”;

(b) for “participating Member State concerned” substitute “ territory for which the responsible authority concerned is the appropriate authority ”;

(c) for “certification authority” substitute “ appropriate authority ”.

(7) In Article 8(1)—

(a) for “Member State” substitute “ responsible authority ”;

(b) for “certification authority” substitute “ appropriate authority ”.

(8) In Article 9—

(a) in the first paragraph, for “Directive 2002/56/EC” substitute “ the Seed Potatoes Regulations ”;

(b) in the last paragraph, for “at least one of the official languages of the Union” substitute “ English and may also be given in other languages ”.

(9) In Article 10, in the first paragraph, for “Member States” substitute “ responsible authorities ”.

(10) In Article 11, in the first paragraph—

(a) for the words from “certification” to “States” substitute “ responsible authorities ”;

(b) omit “Without prejudice to Article 23 of Directive 2002/56/EC, ”.

(11) In Article 12—

(a) in paragraph 1—

(i) for “responsible official body in the participating Member State” substitute “ appropriate authority ”;

(ii) for “Member States” substitute “ responsible authorities ”;

(iii) omit the third sentence;

(b) in paragraphs 2, 3 and 4—

(i) for “Member State”, in each place where it occurs, substitute “ responsible authority ”;

(ii) for “Commission and the other Member States”, in each place where it occurs, substitute “ other responsible authorities ”.

(12) Omit Article 13.

(13) In Annex 2—

(a) in paragraph A, for “EU” substitute “ [F37 GB] ”;

(b) in paragraph B—

(i) in point 1, for “EU” substitute “ [F38 GB] ”;

(ii) in point 2, for “responsible official body and the respective Member State,” substitute “ appropriate authority ”;

(iii) in point 9, for “Member State” substitute “ Country ”;

(c) in paragraph C—

(i) in point 1, for “EU” substitute “ [F39 GB] ”;

(ii) in point 2, for “responsible official body and the respective Member State” substitute “ appropriate authority ”;

(iii) in point 7, for “Member State” substitute “ Country ”.

(14) In Annex 3, in point 2, omit the words from “, and,” to the end.

Textual Amendments

F31 Reg. 10(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(7)(a)

F32 Reg. 10(3)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(7)(b)

F33 Words in reg. 10(3)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(7)(c)(i)

F34 Words in reg. 10(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(7)(c)(ii)

F35 Words in reg. 10(3)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(7)(c)(iii)

F36 Words in reg. 10(5)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(7)(d)

F37 Word in reg. 10(13)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(7)(e)

F38 Word in reg. 10(13)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(7)(e)

F39 Word in reg. 10(13)(c)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 30(7)(e)

Commencement Information

I9 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Marginal Citations

M19 S.I. 2015/1953, amended by S.I. 2017/288, 2018/575.

M20 S.I. 2016/106 (W. 52), amended by 2017/596 (W. 139), 1095 (W. 276).

M21 S.S.I. 2015/395, amended by S.S.I. 2016/68, 434.

Amendment of the EEA agreement U.K.

11.  In Annex 1 to the EEA agreement, in Chapter 3 (Phytosanitary matters), in Section 2 (Application texts), in paragraphs 16, 22, 36 and 39, omit the words from “The provisions of the Decision shall” to the end.

Commencement Information

I10 Reg. 11 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I11 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

PART 5 U.K. Revocation of retained direct EU legislation relating to withdrawal from the European Union

Revocation of retained direct EU legislation U.K.

12.  The retained direct EU legislation listed in the Schedule is revoked.

Commencement Information

I12 Reg. 12 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

I13 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Regulation 12

SCHEDULE U.K. Revocation of retained direct EU legislation

Regulations U.K.

1.  Commission Regulation (EC) No 1597/2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the format for national lists of the basic material of forest reproductive material.

Commencement Information

I14 Sch. para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

2.  Commission Regulation (EC) No 1598/2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the provision of mutual administrative assistance by official bodies. U.K.

Commencement Information

I15 Sch. para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

3.  Commission Regulation (EC) No 1602/2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the authorisation of a Member State to prohibit the marketing of specified forest reproductive material to the end-user. U.K.

Commencement Information

I16 Sch. para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Decisions U.K.

4.  Commission Decision 2000/165/EC setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants under Council Directives 66/401/EEC, 66/402/EEC, 66/403/EEC and 69/208/EEC.

Commencement Information

I17 Sch. para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

5.  Commission Decision 2002/984/EC on the continuation of Community comparative trials and tests on seeds and propagating material of gramineae, Triticum aestivum, Vitis vinifera, Brassica napus and Allium ascalonicum under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC. U.K.

Commencement Information

I18 Sch. para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

6.  Commission Decision 2005/5/EC setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants of agricultural and vegetable species and vine under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC for the years 2005 to 2009. U.K.

Commencement Information

I19 Sch. para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

7.  Commission Decision 2007/321/EC releasing the United Kingdom from certain obligations for the marketing of vegetable seed under Council Directive 2002/55/EC. U.K.

Commencement Information

I20 Sch. para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[F40 7A.   Commission Implementing Decision (EU) 2013/166 amending Council Directive 2008/72/EC to extend the derogation relating to import conditions for vegetable propagating and planting material, other than seed, from third countries.]

Textual Amendments

F40 Sch. para. 7A inserted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 10(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I21 Sch. para. 7A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

8.  Commission Implementing Decision (EU) 2017/478 releasing certain Member States from the obligation to apply to certain species Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 1999/105/EC, 2002/54/EC, 2002/55/EC and 2002/57/EC on the marketing of fodder plant seed, cereal seed, material for the vegetative propagation of the vine, forest reproductive material, beet seed, vegetable seed and seed of oil and fibre plants respectively. U.K.

Commencement Information

I22 Sch. para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

9.  Commission Implementing Decision (EU) 2017/925 temporarily authorising certain Member States to certify pre-basic material of certain species of fruit plants, produced in the field under non-insect proof conditions. U.K.

Commencement Information

I23 Sch. para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[F41 10.   Commission Implementing Decision (EU) 2019/119 amending Council Directive 2002/56/EC as regards the date laid down in Article 21(3) until which Member States are authorised to extend the validity of decisions concerning equivalence of seed potatoes from third countries.

Textual Amendments

F41 Sch. paras. 10, 11 inserted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 10(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I24 Sch. para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

11.   Commission Implementing Decision (EU) 2019/120 amending Council Directive 2008/90/EC as regards the extension of the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries.]

Textual Amendments

F41 Sch. paras. 10, 11 inserted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 10(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I25 Sch. para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. They are also made in part to amend legislation that is out of date.

These Regulations make amendments to legislation in the field of marketing of seed and plant propagating material.

Part 2 makes amendments to the Seeds (National Lists of Varieties) Regulations 2001 to amend a definition that is incorrect and to update the list of derogated species pursuant to Commission Implementing Decision (EU) 2017/478 releasing certain Member States from the obligation to apply to certain species Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 1999/105/EC, 2002/54/EC, 2002/55/EC and 2002/57/EC on the marketing of fodder plant seed, cereal seed, material for the vegetative propagation of the vine, forest reproductive material, beet seed, vegetable seed and seed of oil and fibre plants respectively (OJ No L 73, 18.3.2017, p. 29).

The remainder of the Regulations make amendments resulting from the United Kingdom's withdrawal from the European Union. Part 3 amends subordinate legislation, Part 4 amends retained direct EU legislation and Part 5 contains revocations.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.