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

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)

F1 ...

[F2 “the Department of Agriculture” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;]

[F3 “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 M1 ;

(b)

in relation to Wales, the Seed Marketing (Wales) Regulations 2012 M2 ;

(c)

in relation to Scotland—

(i)

the Vegetable Seeds Regulations 1993 M3 ;

(ii)

the Oil and Fibre Plant Seed (Scotland) Regulations 2004 M4 ;

(iii)

the Cereal Seed (Scotland) Regulations 2005 M5 ;

(iv)

the Fodder Plant Seed (Scotland) Regulations 2005 M6 ; and

(v)

the Beet Seed (Scotland) (No 2) Regulations 2010 M7 ;

(d)

in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016 M8 .”.

(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 [F4 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

F1 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)

F2 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)

F3 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)

F4 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

I1 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

M1 S.I. 2011/463, amended by S.I. 2011/2992, 2012/3035, 2014/487, 2016/613, 2017/288.

M2 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).

M3 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.

M4 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.

M5 S.S.I. 2005/328, amended by S.S.I. 2006/313, 448, 2007/224, 536, 2009/223, 2010/219, 2016/68, 434.

M6 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.

M7 S.S.I. 2010/148, amended by S.I. 2011/413, and by S.S.I. 2016/68, 434.

M8 S.R. 2016 No. 244, amended by S.R. 2017 No. 222.