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These Regulations, which come into force on 1st April 2007, amend the Cereal Seed (Scotland) Regulations 2005, the Fodder Plant Seed (Scotland) Regulations 2005 and the Oil and Fibre Plant Seed (Scotland) Regulations 2004 (referred to collectively as “the principal Regulations”) in order to provide for a more detailed procedure, in implementation of Commission Decision 2004/842/EC, in relation to authorisations to market certain species of seed for test and trial purposes (regulations 4, 15 and 26).
An authorisation–
(a)may only be granted in relation to a variety for which an application has been submitted for inclusion in the UK National List of plant varieties of agricultural plant species;
(b)may not be granted in relation to a genetically modified variety unless certain other authorisations are in place;
(c)may only be granted for tests and trials at an agricultural enterprise to gather information on the cultivation or use of a variety;
(d)may only be granted where the crop and seed has satisfied certain standards on field inspection and official examination;
(e)shall last for one year or such shorter period as the Scottish Ministers may specify;
(f)may be made subject to conditions; and
(g)may be withdrawn on breach of an attached condition.
Authorisations of other European Authorities (as defined in the principal Regulations) continue to be recognised for the purposes of the principal Regulations.
These Regulations also make certain consequential amendments including–
(a)the restatement, with minor amendments, of the authorisation provisions in relation to marketing seed for scientific purposes and selection work (regulations 4, 15 and 26);
(b)the insertion of new definitions in the principal Regulations (regulations 3, 13 and 25); and
(c)various amendments to sealing and labelling provisions in the principal Regulations.
These Regulations amend the principal Regulations to provide for licences to be granted for the marketing of lower germination seed under Commission Regulation (EC) No. 217/2006 (regulations 5, 16 and 27). They also update the definitions of the seed marketing directives in the principal Regulations (regulations 11, 23 and 25(d)). They also make minor corrections to provisions and cross-references in the principal Regulations.
A Regulatory Impact Assessment has been prepared in respect of these Regulations and copies have been placed in the Scottish Parliament Information Centre. Copies may also be obtained from the Scottish Executive Environment and Rural Affairs Department, Area 1-B, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.
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