The Seed Potatoes (Scotland) Amendment Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Seed Potatoes (Scotland) Regulations 2000 (S.S.I. 2000/201) (“the principal Regulations”).

Subject to the proviso in the next paragraph, these Regulations give effect to Commission Decision 2004/842/EC of 1st December 2004 (“the 2004 Commission Decision”), whereby Member States may authorise the marketing of seed potatoes for test and trial purposes. These Regulations also make a number of minor amendments relating to crop tolerances and labelling requirements.

Article 5(4) of the 2004 Commission Decision provides that test and trial seed potatoes must comply with the technical conditions laid down in Annexes I and II to Directive 2002/56/EC for certified seed potatoes. However, under Commission Decision 2004/3/EC of 19th December 2003 (O.J. No. L 2, 6.1.2004 p.47) (“the 2003 Commission Decision”), the United Kingdom is authorised to restrict the marketing of seed potatoes in Scotland to basic seed potatoes (of the Community Grades specified in Article 1 of the 2003 Commission Decision). Test and trial seed potatoes marketed in Scotland must therefore satisfy the minimum source, tolerance, purity and size requirements for basic seed potatoes.

Regulation 3 amends the interpretation provisions in regulation 2 of the principal Regulations to include a definition of test and trial seed potatoes. Regulations 4 and 5 and 8 to 14 of these Regulations make a number of amendments to the principal Regulations consequential upon the insertion of that definition. These include provisions relating to: classification (regulation 4), marketing (regulation 5), sealing of packages (regulation 8), retail sales (regulation 9), information regarding seed potatoes (regulation 10), classification of seed potatoes (regulations 11 and 12), particulars to be included in a crop inspection report (regulation 13) and varietal purity and size (regulation 14).

Regulation 6 inserts regulations 8A to 8E into the principal Regulations. They set out the criteria for authorising marketing of test and trial seed potatoes, and also set out the restrictions on marketing them once an authorisation has been obtained.

Regulations 7 and 15 of these Regulations amend, respectively, regulation 9 and Schedule 6 to the principal Regulations to provide for labelling requirements for test and trial seed potatoes. Regulation 15 also amends the labelling requirements for packages and containers intended for export to countries outside the European Community.

Regulation 16 of these Regulations amends certain tolerance levels in Schedule 7 to the principal regulations.

No Regulatory Impact Assessment has been prepared in respect of these Regulations.