The Seed Potatoes (Scotland) Regulations 2015

Marketing requirements – test and trial seed potatoes

5.—(1) The Scottish Ministers may authorise a producer to market seed potatoes produced in Scotland for tests or trials to be carried out at an agricultural enterprise for the purposes of gathering information on the cultivation or use of the variety.

(2) Where the Scottish Ministers grant an authorisation under paragraph (1) the producer may not market the seed potatoes otherwise than in accordance with the authorisation.

(3) An application for an authorisation or renewal of an authorisation under paragraph (1) must be made in such form and manner and must include such information as the Scottish Ministers may require.

(4) The Scottish Ministers may not grant or renew an authorisation under paragraph (1) unless they are satisfied that—

(a) the seed potatoes which are the subject of the authorisation or renewal are of a variety of seed potato for which an application for acceptance onto the National List has been made;

(b) in relation to seed potatoes containing genetically modified material—

(i) an authorisation is in force under Regulation 1829/2003 or Part C ofDirective 2001/18/EC; and

(ii) the producer has taken all appropriate measures to avoid adverse effects on human health and the environment in accordance with an environmental risk assessment carried out in accordance with Article 4(2) and Annex III ofDirective 2001/18/EC;

(c) the marketing of the seed potatoes would not contravene any prohibition on the use of the variety which has been imposed in accordance with Article 14 of CommissionDecision 2004/842/EC and which has been published in the Plant Varieties and Seeds Gazette, published in accordance with section 34(1) of the Act; and

(d) the authorisation or renewal would not result in a breach of Article 7 of CommissionDecision 2004/842/EC.

(5) The Scottish Ministers may grant an authorisation or renewal under paragraph (1) for a period of one year, or for such shorter period as they may specify.

(6) When granting or renewing an authorisation under paragraph (1), the Scottish Ministers may—

(a) require, as a condition of that authorisation or renewal, that the producer provides on request in writing the following information—

(i) the results of the tests or trials to which the authorisation relates; and

(ii) the quantity of seed potatoes marketed during the authorised period and the names of the member States to which the seed potatoes are intended to be marketed; and

(b) impose such additional conditions as they consider appropriate, having regard to the nature of the tests or trials and the nature of the seed potatoes to which the authorisation relates.

(7) The Scottish Ministers may withdraw an authorisation or renewal given under paragraph (1) if—

(a) they are no longer satisfied in relation to the matters listed at paragraph (4); or

(b) they are satisfied that there has been a breach of any condition imposed under paragraph (6).

(8) An authorisation or renewal under paragraph (1) ceases to have effect where—

(a) an application made under regulation 4(1)(a) of the National Lists Regulations for acceptance of the relevant variety of seed potato into a National List is withdrawn or refused; or

(b) the variety of seed potato to which the authorisation relates is entered in the National List or the Common Catalogue.