The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019

The Oil and Fibre Plant Seed (Scotland) Regulations 2004

12.—(1) The Oil and Fibre Plant Seed (Scotland) Regulations 2004(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “Annex V(C) document”,

(b) in the definition of “blended seed lot”, omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”,

(c) in the definition of “breeder”, after “UK National List or” insert “at any time before the end of the period of two years beginning with the day after the day on which exit day falls,”,

(d) in the definition of “bulked seed lot”, omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”,

(e) omit the definition of “the Common Catalogue Directive”,

(f) in the definition of “control plot”, for “European” in both places where it occurs substitute “National”,

(g) after the definition of “control plot” insert—

““country granted equivalence” means a country that has been granted equivalence under the Equivalence Decision;

“Crown Dependency” means any of the Channel Islands or the Isle of Man;”,

(h) in the definition of “EEA State”, omit “and, for the purposes of these Regulations, includes Switzerland”(2),

(i) in the definition of “European Authority”, for “an EEA State other than the United Kingdom” substitute “a European Single Market State”,

(j) in the definition of “by a European Authority”, for “an EEA State other than the United Kingdom” substitute “a European Single Market State”,

(k) after the definition of “European Authority” insert—

““European Single Market State” means an EEA State or Switzerland;”,

(l) after the definition of “genetically modified” insert—

““the GMO Regulations” means—

(a)

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002(3);

(b)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002(4);

(c)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002(5);

(d)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003(6);”,

(m) in the definition of “licensed EC crop inspector”—

(i) for “an EEA State other than the United Kingdom” substitute “a European Single Market State”,

(ii) for “EEA” substitute “European Single Market”.

(3) In regulation 3 (definitions of seed categories)—

(a) in the definition of “Pre-basic Seed”, for paragraph (c) substitute—

“(c) has been—

(i) officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) or (b) and the requirements for Basic Seed specified in Schedule 4;

(ii) certified by a National Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) or (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom; or

(iii) before the end of the period of two years beginning with the day after the day on which exit day falls, certified by the competent seed certification authority of a European Single Market State as satisfying the conditions specified in paragraphs (a) or (b) and the requirements for Basic Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;”,

(b) in the definition of “Basic Seed”, for paragraph (d) substitute—

“(d) has been—

(i) officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b) or (c) and the requirements for Basic Seed specified in Schedule 4;

(ii) certified by a National Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a), (b) or (c) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom; or

(iii) before the end of the period of two years beginning with the day after the day on which exit day falls, certified by the competent seed certification authority of a European Single Market State as satisfying the conditions specified in paragraphs (a), (b) or (c) and the requirements for Basic Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;”,

(c) in the definition of “Certified Seed”, for paragraph (c) substitute—

“(c) has been—

(i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in Schedule 4;

(ii) certified by a National Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom; or

(iii) before the end of the period of two years beginning with the day after the day on which exit day falls, certified by the competent seed certification authority of a European Single Market State as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;”,

(d) in the definition of “Certified Seed of the First Generation”, for paragraph (c) substitute—

“(c) has been—

(i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in Schedule 4;

(ii) certified by a National Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom; or

(iii) before the end of the period of two years beginning with the day after the day on which exit day falls, certified by the competent seed certification authority of a European Single Market State as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;”,

(e) in the definition of “Certified Seed of the Second Generation”—

(i) for paragraph (a)(iii) substitute—

“(iii) has been—

(aa) officially certified as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in Schedule 4;

(bb) certified by a National Authority other than the Scottish Ministers as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom; or

(cc) before the end of the period of two years beginning with the day after the day on which exit day falls, certified by the competent seed certification authority of a European Single Market State as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;”,

(ii) for paragraph (b)(iii) substitute—

“(iii) has been—

(aa) officially certified as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in Schedule 4;

(bb) certified by a National Authority other than the Scottish Ministers as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom; or

(cc) before the end of the period of two years beginning with the day after the day on which exit day falls, certified by the competent seed certification authority of a European Single Market State as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;”,

(f) in the definition of “Certified Seed of the Third Generation”, for paragraph (c) substitute—

“(c) has been—

(i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Third Generation specified in Schedule 4;

(ii) certified by a National Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the Third Generation in the relevant part of the United Kingdom; or

(iii) before the end of the period of two years beginning with the day after the day on which exit day falls, certified by the competent seed certification authority of a European Single Market State as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Third Generation specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;”,

(g) in the definition of “Commercial Seed”, for paragraph (b) substitute—

“(b) has been—

(i) officially certified as satisfying the conditions specified in paragraph (a) and the requirements for Commercial Seed specified in Schedule 4;

(ii) certified by a National Authority other than the Scottish Ministers as satisfying the conditions specified in paragraph (a) and the applicable requirements for Commercial Seed in the relevant part of the United Kingdom; or

(iii) before the end of the period of two years beginning with the day after the day on which exit day falls, certified by the competent seed certification authority of a European Single Market State as satisfying the conditions specified in paragraph (a) and the requirements for Commercial Seed specified in Annex II (seed conditions) of the Oil and Fibre Plant Seed Directive;”.

(4) For regulation 5(2) (seed to which the Regulations apply)(7), substitute—

“(2) These Regulations do not apply to seed intended for export outside the United Kingdom (other than regulation 13A (certification and labelling for export)).”.

(5) In regulation 6 (marketing of seed)—

(a) in paragraph (1)—

(i) after sub-paragraph (a), omit “and”,

(ii) in sub-paragraph (b)(ii), for “the Common Catalogue” substitute “accepted on to the Common Catalogue at any time before the end of the period of two years beginning with the day after the day on which exit day falls,”,

(iii) after sub-paragraph (b)(iii), insert—

“; and

(c) in the case of seed which has been produced in a European Single Market State, it—

(i) has otherwise been produced in compliance with the applicable requirements set out in EU law, including the Oil and Fibre Plant Seed Directive and Commission Directive 2008/62, and

(ii) has been imported into Scotland before the end of the period of two years beginning with the day after the day on which exit day falls.”,

(b) in paragraph (5), for “a country which is not an EEA State” substitute “outside the United Kingdom”,

(c) after paragraph (5), insert—

“(6) Paragraph (5) does not apply to seed imported into Scotland from a European Single Market State before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(6) For regulation 6A (importation from outside the European Union)(8) substitute—

“Importation into the United Kingdom

6A.— (1) Subject to paragraph (2), seed imported into the United Kingdom must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

(2) Paragraph (1) does not apply to seed imported from a European Single Market State before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(7) In regulation 8 (exception for scientific purposes or selection work)—

(a) for paragraph (1)(b), substitute—

“(b) an authorisation has been granted to the producer in respect of small quantities of seed for scientific purposes or selection work—

(i) by a National Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of the United Kingdom; or

(ii) before the end of the period of two years beginning with the day after the day on which exit day falls, by the competent seed certification authority of a European Single Market State, in accordance with Article 6(1)(a) of the Oil and Fibre Plant Seed Directive.”,

(b) for paragraph (4), substitute—

“(4) The Scottish Ministers may only grant an authorisation under this regulation in respect of a genetically modified variety if the marketing and release of the genetically modified material by the applicant has been authorised—

(a) before the day on which exit day falls, under Part C of the 2001 Deliberate Release Directive,

(b) under the Food and Feed Regulation, or

(c) under the GMO Regulations.”.

(8) In regulation 8A (exception for test and trial seed)(9)—

(a) for paragraph (1) substitute—

“(1) Regulation 6(1)(b) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with—

(a) a tests and trials authorisation; or

(b) an authorisation which has been granted to the producer—

(i) by a National Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of the United Kingdom;

(ii) before the end of the period of two years beginning with the day after the day on which exit day falls, by the competent seed certification authority of a European Single Market State, in accordance with Article 6(1)(b) of the Oil and Fibre Plant Seed Directive.”,

(b) in paragraph (4), for sub-paragraph (b) substitute—

“(b) in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—

(i) before the day on which exit day falls, under Part C of the 2001 Deliberate Release Directive,

(ii) under the Food and Feed Regulation, or

(iii) under the GMO Regulations.”,

(c) in paragraph (6), for “that permitted by Article 7 of the 2004 Commission Decision” substitute “the greater of 0.1% of the annual number of seeds used in the United Kingdom and such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares”,

(d) in paragraph (9), omit “or the Common Catalogue”,

(e) in paragraph (10), omit “or, as the case may be, Switzerland”(10).

(9) In regulation 8B (exception for conservation varieties)(11)—

(a) after paragraph (8), insert—

“(8A) For the purposes of paragraph (8), Article 14 of Commission Directive 2008/62 is to be read as if—

(a) in the first paragraph—

(i) “Each Member State shall ensure that,” was omitted,

(ii) for “does not exceed”, there were substituted “may not exceed”,

(iii) for “that Member State”, there were substituted “the United Kingdom”,

(b) in the second paragraph—

(i) for “each Member State”, there were substituted “the United Kingdom”,

(ii) for “the Member State” in both places where it occurs, there were substituted “the United Kingdom”.”,

(b) in paragraph (11)—

(i) in the definition of “additional region”, insert at the end “, with Article 11(1) of Commission Directive 2008/62 being read as if for the reference to “Member States” in each place where it occurs and “the Member States” there were substituted “the Scottish Ministers”,

(ii) in the definition of “region of origin”, insert at the end—

“, with Article 8.1 of Commission Directive 2008/62 being read as if—

(a)

in the first sub-paragraph—

(i)

for “a Member State accepts”, there were substituted “the Scottish Ministers accept”,

(ii)

for “it shall”, there were substituted “they must”,

(iii)

for “It shall”, there were substituted “The Scottish Ministers must”,

(iv)

for “Member States”, there were substituted “Scottish Ministers”,

(b)

the second sub-paragraph was omitted.”.

(10) In regulation 9 (varietal associations)—

(a) for paragraph (1)(b)(ii) substitute—

“(ii) have been mechanically combined in proportions notified by the person responsible for the maintenance of the pollinator-dependent hybrid and pollinator within the varietal association, to

(aa) a National Authority other than the Scottish Ministers, or

(bb) before the end of the period of two years beginning with the day after the day on which exit day falls, the competent seed certification authority of a European Single Market State.”,

(b) in paragraph (6), in the definition of “varietal association”, omit “or the Common Catalogue”.

(11) For regulation 10(2) (general exemptions) substitute—

“(2) The Scottish Ministers may exercise the power under paragraph (1) for the purposes of a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act.

(2A) The duration of a temporary experiment must not exceed 7 years.”.

(12) In regulation 11 (marketing of officially certified lower germination seed)—

(a) in paragraph (1)—

(i) in the words before sub-paragraph (a), omit “or Annex II (seed conditions) of the Oil and Fibre Plant Seed Directive”,

(ii) for sub-paragraph (b) substitute—

“(b) which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4 in relation to Basic Seed—

(i) by a National Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of the United Kingdom; or

(ii) before the end of the period of two years beginning with the day after the day on which exit day falls, by the competent seed certification authority of a European Single Market State, in accordance with Article 5(a) (marketing of lower germination seed) of the Oil and Fibre Plant Seed Directive; or”,

(iii) for sub-paragraph (c)(ii) substitute—

“(ii) in the case of seed which has been fully certified as being Pre-basic Seed or Basic Seed—

(aa) by a National Authority other than the Scottish Ministers, in the applicable requirements in the relevant part of the United Kingdom, irrespective of the findings of the National Authority; or

(bb) before the end of the period of two years beginning with the day after the day on which exit day falls, by the competent seed certification authority of a European Single Market State, in Annex II (seed conditions) of the Oil and Fibre Plant Seed Directive, irrespective of the findings of that authority.”,

(b) for paragraph (3) substitute—

“(3) Paragraph (1) shall not apply to seed which has been imported into the United Kingdom from—

(a) a European Single Market State, after the end of the period of two years beginning with the day after the day on which exit day falls, or

(b) a country other than a European Single Market State.”.

(13) In regulation 12 (marketing of early movement seed)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), for “the Common Catalogue” substitute “accepted on to the Common Catalogue at any time before the end of the period of two years beginning with the day after the day on which exit day falls”,

(ii) for sub-paragraph (b) substitute—

“(b) any seed lot has been certified by a National Authority other than the Scottish Ministers in order to make seed rapidly available and the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,”,

(b) in paragraph (3)—

(i) for “European” substitute “National”,

(ii) omit “or Annex II (seed conditions) of the Oil and Fibre Plant Seed Directive”,

(c) for paragraph (5) substitute—

“(5) Paragraph (1) does not apply to seed which has been imported into the United Kingdom from—

(a) a European Single Market State, after the end of the period of two years beginning with the day after the day on which exit day falls, or

(b) a country other than a European Single Market State.”.

(14) In regulation 14 (applications for official certificates)—

(a) in paragraph (3), for “(or an equivalent list in another EEA State)” in both places where it occurs, substitute “(or entered into an equivalent list in a European Single Market State before the end of the period of two years beginning with the day after the day on which exit day falls)”,

(b) in paragraph (4)(d), after “licensed crop inspector or” insert “, where paragraph (4A) applies, the”,

(c) after paragraph (4) insert—

“(4A) This paragraph applies where a licensed EC crop inspector as mentioned in paragraph (4)(d) inspected the crop before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(15) In regulation 15(1) (sampling), for “European Authority” substitute “National Authority”.

(16) In regulation 16 (sealing of packages of fully certified seed)—

(a) for paragraph (1)(b) substitute—

“(b) sealed—

(i) in any other part of the United Kingdom, in accordance with the applicable requirements for sealing in the relevant part of the United Kingdom,

(ii) before the end of the period of two years beginning with the day after the day on which exit day falls, in a European Single Market State, in accordance with Article 11(1) (sealing of packages) of the Oil and Fibre Plant Seed  Directive,”,

(b) for paragraph (3)(b) substitute—

“(b) (i) in any other part of the United Kingdom, in accordance with the applicable requirements for re sealing in the relevant part of the United Kingdom,

(ii) before the end of the period of two years beginning with the day after the day on which exit day falls, in a European Single Market State, in accordance with Article 11(2) (re sealing of packages) of the Oil and Fibre Plant Seed Directive.”.

(17) In regulation 17 (labelling of packages of fully certified seed)—

(a) for paragraph (4A)(b)(12) substitute—

“(b) where seed is sealed—

(i) in any other part of the United Kingdom, be labelled in accordance with the requirements for labelling applicable to a Conservation Variety in the relevant part of the United Kingdom,

(ii) in a European Single Market State, before the end of the period of two years beginning with the day after the day on which exit day falls, be labelled in accordance with Article 18 of Commission Directive 2008/62.”,

(b) for paragraph (5)(b) substitute—

“(b) which is sealed—

(i) in any other part of the United Kingdom, in accordance with the applicable requirements for re sealing and labelling in the relevant part of the United Kingdom in relation to the relevant category of seed and the seed itself,

(ii) in a European Single Market State, before the end of the period of two years beginning with the day after the day on which exit day falls, in accordance with Article 11(2) (re sealing), 12(1)(a) (labelling of packages) and 18(c) (labelling of packages of Pre-basic Seed) of the Oil and Fibre Plant Seed Directive appropriate to the relevant category of seed and the seed itself.”,

(c) for paragraph (8)(b) substitute—

“(b) which is sealed—

(i) in any other part of the United Kingdom, shall contain an official document in accordance with the applicable requirements for official documents and, as the case may be, for labelling of packages of mixtures of seeds, in the relevant part of the United Kingdom,

(ii) in a European Single Market State, before the end of the period of two years beginning with the day after the day on which exit day falls, shall contain an official document in accordance with Article 12(1)(b) (official documents) of the Oil and Fibre Plant Seed Directive.”,

(d) in paragraph (10)—

(i) for sub-paragraph (a) substitute—

“(a) (i) for packages sealed in Scotland, the appropriate particulars of the matters specified in Part II of Schedule 6 and paragraphs (3), (12) and (13), are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified;

(ii) for packages sealed in any other part of the United Kingdom, the appropriate particulars of the matters specified in accordance with the applicable requirements in the relevant part of the United Kingdom, are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified;

(iii) for packages sealed in a European Single Market State, before the end of the period of two years beginning with the day after the day on which exit day falls, the appropriate particulars of the matters specified in Articles 5 (lower germination and early movement seed), 11(2) (re sealing), 12(1)(a) (labelling) and 14 (identification of genetically modified varieties) and Annex IV (labels) of the Oil and Fibre Plant Seed Directive, are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified;”,

(ii) for sub-paragraph (c) substitute—

“(c) the requirements of paragraph 17 of Part VI of Schedule 6 are satisfied in the case of a package sealed—

(i) in another part of the United Kingdom; or

(ii) in a European Single Market State, before the end of the period of two years beginning with the day after the day on which exit day falls.”,

(iii) in paragraph (14), for “one of the official languages of the European Union” substitute “English but may also be given in other languages”.

(18) For regulation 19(1)(c) (breeder’s confirmations) substitute—

“(c) shall only be made—

(i) for seed of a variety for which an application has been made to have that variety accepted on to—

(aa) a UK National List, or

(bb) an equivalent list in a European Single Market State, before the end of the period of two years beginning with the day after the day on which exit day falls; or

(ii) for seed of a component of a hybrid variety of oilseed rape for which an application has been made to have that hybrid variety accepted on to—

(aa) a UK National List, or

(bb) an equivalent list in a European Single Market State, before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(19) In regulation 21(10) (labelling of packages of seed in relation to breeder’s confirmation), for “one of the official languages of the European Union” substitute “English but may also be given in other languages”.

(20) Regulation 22 (comparative tests and trials) is omitted.

(21) After regulation 25 (written and electronic communication) insert—

“Certification in a Crown Dependency

25A.   Any seed certified and labelled in a Crown Dependency under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations may be marketed in Scotland.

Transitional provision for official labels on exit day

25B.   A label pre-printed before exit day which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for a package of Basic Seed, Seed of a Certified Generation, Commercial Seed, seed of a Conservation Variety or a varietal association of seed, for the purposes of any use of that label before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(22) In schedule 2 (official certificates and breeder’s confirmations), in Part I (official certificates)—

(a) in paragraph (1) (applications for seed harvested in the United Kingdom), omit “but not made in pursuance of Article 19 (certification of seed from other EEA States or equivalent third countries) of the Oil and Fibre Plant Seed Directive”,

(b) for paragraph 4 (applications for seed harvested in an EEA State or third country) substitute—

“Applications for seed harvested outside the United Kingdom

4.— (1) Notwithstanding paragraphs 2 and 3, and subject to sub-paragraphs (2) and (3), on receipt of an application made in accordance with regulation 14(1) for the issue of an official certificate in respect of a seed lot as Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, the Scottish Ministers may issue an official certificate in respect of the seed lot containing the particulars specified in paragraph 1 of Schedule 3.

(2) An official certificate may only be issued under sub-paragraph (1) if—

(a) the seed has been—

(i) produced directly from—

(aa) fully certified Basic Seed or Certified Seed of the First Generation, or

(bb) seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations), a European Single Market State or a country granted equivalence, which is permitted to be sold as Basic Seed or Certified Seed of the First Generation in accordance with these Regulations,

(ii) harvested outside the United Kingdom, and

(iii) shown on official examination or, in the case of seed which has been harvested in a country granted equivalence, a field examination, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed;

(b) the seed has been—

(i) produced directly from the crossing of fully certified Basic Seed with seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations), a European Single Market State or a country granted equivalence, which is permitted to be sold as Basic Seed in accordance with these Regulations,

(ii) harvested outside the United Kingdom, and

(iii) shown on official examination or, in the case of seed which has been harvested in a country granted equivalence, a field examination, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed; or

(c) the seed—

(i) is to be certified by the Scottish Ministers as Basic Seed;

(ii) has been produced directly from—

(aa) fully certified Pre-basic Seed, or

(bb) seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations), a European Single Market State or a country granted equivalence, which is permitted to be sold as Pre-basic Seed in accordance with these Regulations,

(iii) has been harvested outside the United Kingdom, and

(iv) has been shown on official examination or, in the case of seed which has been harvested in a country granted equivalence, a field examination, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed.

(3) In the case of seed which has been harvested in a European Single Market State, an official certificate may only be issued under sub-paragraph (1)—

(a) before the end of the period of two years beginning with the day after the day on which exit day falls, and

(b) provided that the seed—

(i) has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Annex I (crop standards) of the Oil and Fibre Plant Seed Directive for the relevant category of seed,

(ii) has been packed in a sealed package in accordance with the requirements of Article 11(1) (sealing) of the Oil and Fibre Plant Seed Directive and has been labelled in accordance with the requirements of the second indented sub-paragraph of the first paragraph of Article 19(2) (labelling requirements for certification of seed from other EEA States or equivalent third countries) of the Oil and Fibre Plant Seed Directive, and

(iii) is accompanied by an Annex V(C) document relating to the seed issued by the relevant competent seed certification authority.

(4) In this paragraph, “Annex V(C) document” means a document issued by the relevant competent seed certification authority of the type specified in the following provisions of the Oil and Fibre Plant Seed Directive—

(a) the second indented sub-paragraph of the first paragraph of Article 19(2), and

(b) Part C of Annex V.”.

(23) In schedule 4 (requirements for Basic Seed, Certified Seed, Certified seed of the First Generation, Certified Seed of the Second Generation, Certified Seed of the Third Generation and Commercial Seed), in paragraph 2 (varietal identity and varietal purity), for “, an equivalent list in another EEA State or the Common Catalogue” substitute “or before the end of the period of two years beginning with the day after the day on which exit day falls accepted on to an equivalent list in a European Single Market State or the Common Catalogue”.

(24) In schedule 4A(13) (standards for certification of conservation varieties)—

(a) in Part III (conditions relating to crops from which seed is obtained), in paragraph 1 (varietal identity and varietal purity), for “, an equivalent list in another EEA State or the Common Catalogue” substitute “or before the end of the period of two years beginning with the day after the day on which exit day falls accepted on to an equivalent list in a European Single Market State or the Common Catalogue”,

(b) in Part IV (conditions relating to seed of a Conservation Variety), in paragraph 1 (standards of germination, analytical purity and content of seed of other plant species), omit “EC”.

(25) In schedule 6—

(a) in paragraph 4(a)(i) (official label for a package of Pre-basic Seed), for “EEA State or their commonly used initials”, substitute “country or country initials”,

(b) in paragraph 5(a) (official label for a package of Basic Seed or Seed of a Certified Generation)—

(i) in sub-paragraph (i), for “EC” substitute “UK”,

(ii) in sub-paragraph (ii), for “EEA State or their commonly used initials”, substitute “country or country initials”,

(iii) in sub-paragraphs (xi) and (xii), after “UK National List or” insert “, at any time before the end of the period of two years beginning with the day after the day on which exit day falls,”,

(c) in paragraph 6(a) (official label for a package of Commercial Seed)—

(i) in sub-paragraph (i), for “EC” substitute “UK”,

(ii) in sub-paragraph (ii), for “EEA State or their commonly used initials”, substitute “country or country initials”,

(d) in paragraph 6A(a)(ii) (official label for a package of test and trial seed)(14), for “EEA State or their distinguishing abbreviation”, substitute “country or country initials”,

(e) in paragraph 6B(a)(i) (official label for a package of seed of a Conservation Variety)(15), for “EC” substitute “UK”,

(f) in paragraph 7(a) (official label for a package of a varietal association of seed)—

(i) in sub-paragraph (i), for “EC” substitute “UK”,

(ii) in sub-paragraph (ii), for “EEA State or their commonly used initials”, substitute “country or country initials”,

(g) in paragraph 8(a)(i) (label for a small package of Pre-basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed), for “EC” substitute “UK”,

(h) in paragraph 10 (information to be supplied in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms net weight)—

(i) in the heading, for “a country which is not an EEA State” substitute “outside the United Kingdom”,

(ii) the existing text becomes sub-paragraph (1),

(iii) in sub-paragraph (1), for “a country which is not an EEA State” substitute “outside the United Kingdom”,

(iv) after sub-paragraph (1) insert—

“(2) Sub-paragraph (1) does not apply to seed imported from a European Single Market State before the end of the period of two years beginning with the day after the day on which exit day falls.”,

(i) in paragraph 17 (seed packages sealed in the United Kingdom but not in Scotland, or in an EEA State other than the United Kingdom)(16)—

(i) in the heading, for “an EEA State other than the United Kingdom” substitute “a European Single Market State”,

(ii) for “EEA State” in the first place where it occurs, substitute “European Single Market State as applied before the end of the period of two years beginning with the day after the day on which exit day falls”,

(iii) for “EEA State” in the second place where it occurs substitute “European Single Market State”.

(1)

S.S.I. 2004/317, amended by S.S.I. 2006/313, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2010/219, S.I. 2011/1043, S.S.I. 2016/68, S.S.I. 2016/434 and Part 2 of this instrument.

(2)

See the amendment to the definition of “EEA State” in Part 2 of this instrument.

(3)

S.S.I. 2002/541, amended by S.S.I. 2004/439, S.I. 2005/2759, S.I. 2011/1043; S.S.I. 2015/100 and S.S.I. 2019/XXX.

(4)

S.I. 2002/2443, amended by S.I. 2004/2411, S.I. 2005/2759, S.I. 2009/1892 and S.I. 2018/575.

(5)

S.I. 2002/3188 (W. 304), amended by S.I. 2005/2759 and S.I. 2013/755 (W. 90).

(6)

S.R. 2003 No. 167.

(7)

Regulation 5(2) is amended, and regulation 13A is inserted, by Part 2 of this instrument.

(8)

Regulation 6A is inserted by Part 2 of this instrument.

(9)

Regulation 8A was inserted by S.S.I. 2007/224.

(10)

Regulation 8A(10) is amended by Part 2 of this instrument.

(11)

Regulation 8B was inserted by S.S.I. 2009/223.

(12)

Regulation 17(4A) was inserted by S.S.I. 2009/223.

(13)

Schedule 4A was inserted by S.S.I. 2009/223.

(14)

Paragraph 6A was inserted by S.S.I. 2007/224.

(15)

Paragraph 6B was inserted by S.S.I. 2009/223.

(16)

Paragraph 17 was substituted by S.S.I. 2007/224.