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

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 [F1 in relation to fodder seed, the relevant provisions of], the Seed Marketing Regulations (Northern Ireland) 2016.

[F2 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.”].

[F3 (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 ”;

[F4 (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 ”;

[F5 (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”;]

[F6 (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 ”;

[F7 (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— “ [F8 in a country granted equivalence.]”.

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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

I1 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)