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

The Vegetable Seeds Regulations 1993

9.—(1) The Vegetable Seeds Regulations 1993(1) are amended as follows.

(2) In regulation 3 (interpretation)—

(a) in paragraph (1)—

(i) at the end of the definition of “additional region”(2), insert “, with Article 13.1 of that Directive being read as if for the reference to “Member States” in each place where it occurs there were substituted “the Scottish Ministers”,

(ii) in the definition of “breeder”, in paragraph (a), after “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,”,

(iii) after the definition of “Conservation Variety”(3) insert—

““country granted equivalence” means a country that has been granted equivalence under Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries(4), as last amended by Decision (EU) 2018/1674(5);

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

“the Food and Feed Regulation” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed;”,

(iv) 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(6);

(b)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002(7);

(c)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002(8);

(d)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003(9);”,

(v) in the definition of “maintainer”, for “the Common Catalogue” in the second place where it occurs, substitute “entered in the Common Catalogue before the end of the period of two years beginning with the day after the day on which exit day falls”,

(vi) in the definition of “maintenance”, for “of the Common Catalogue” substitute “or entered in the Common Catalogue before the end of the period of two years beginning with the day after the day on which exit day falls”,

(vii) in the definition of “official post control”(10)—

(aa) for “relevant European Authority” substitute “relevant authority”,

(bb) in paragraph (a) (“control plot”), for “European Authority” in both places where it occurs substitute “relevant authority”,

(cc) for paragraph (b) (“European Authority”), substitute—

“(b) “relevant authority” means the competent seed certification authority in the relevant part of the United Kingdom or in an EEA state;”,

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

“, with Article 8.1 of that Directive 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,”,

(ix) after the definition of “region of origin” insert—

““Regulation (EC) No 1829/2003” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed, as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council,”,

(b) in each of sub-paragraphs (a) of paragraphs (3A), (3B) and (3C)(11), for “EEA state other than the United Kingdom” substitute “EEA state before the end of the period of two years beginning with the day after the day on which exit day falls”.

(3) For regulation 4(2) (seeds to which the regulations apply)(12) substitute—

“(2) These Regulations do not apply to seed intended for export outside the United Kingdom (other than regulation 6C (certification and labelling for export)).”.

(4) In regulation 5 (marketing of seeds)(13)—

(a) in paragraph (1)—

(i) in the opening words—

(aa) for “the Common Catalogue” in the first place where it occurs, 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,”,

(bb) for “the Common Catalogue” in the second place where it occurs, substitute “the National List or 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) in sub-paragraph (b)—

(aa) omit “other than the United Kingdom” in both places where it occurs,

(bb) after “EEA state” in the second place where it occurs, 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”,

(iii) in sub-paragraph (bb)(14), for “EEA state other than the United Kingdom” substitute “EEA state at any time before the end of the period of two years beginning with the day after the day on which exit day falls”,

(iv) in sub-paragraph (c), for “produced elsewhere than in an EEA state” substitute “produced outside the United Kingdom”,

(v) after sub-paragraph (d) insert—

“and;

(e) in the case of seeds which have been produced in an EEA state, seeds which—

(i) have otherwise been produced in compliance with the applicable requirements set out in EU law, including Council Directive 2002/55/EC on the marketing of vegetable seed(15) and Commission Directive 2009/145; and

(ii) have 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) for paragraphs (2D) and (2E)(16) substitute—

“(2D) The conditions referred to in paragraph (2C) are that 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 Directive 2001/18/EC,

(b) under the Food and Feed Regulation, or

(c) under the GMO Regulations.”,

(c) for paragraph (4) substitute—

“(4) The Scottish Ministers may, by a general licence, authorise a temporary experiment (the duration of which must not exceed 7 years) seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act.”,

(d) in paragraph (4A)(17), omit “, by reason only of article 3(1)(a) of Council Directive 70/457/EEC,”,

(e) in paragraph (5), for “from a country other than an EEA state” substitute “from outside the United Kingdom”,

(f) in paragraph (9A)(18), for “an EEA state other than the United Kingdom” substitute “an EEA state, at any time before the end of the period of two years beginning with the day after the day on which exit day falls,”,

(g) in paragraph (9B)(19), for “other than in an EEA state” substitute “outside the United Kingdom”,

(h) in paragraph (10)—

(i) for “other than an EEA state”, substitute “outside the United Kingdom”,

(ii) for “produced in an EEA state”, substitute “produced in the United Kingdom”,

(i) in paragraph (11), for “the Common Catalogue” substitute “entered in 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”,

(j) in paragraph (13), for “other than the United Kingdom” substitute “at any time before the end of the period of two years beginning with the day after the day on which exit day falls”,

(k) paragraph (14) is omitted.

(5) In regulation 5A (Conservation Varieties)(20), after paragraph (6) insert—

“(6A) For the purposes of paragraph (6), Article 15 of Commission Directive 2009/145 is to be read as if—

(a) “Each Member State shall ensure that,” were omitted,

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

(6) For regulation 6A(1)(c) (breeder’s confirmations)(21) substitute—

“(c) shall be made only for seed of a variety for which an application has been made to have that variety accepted on to—

(i) the National List, or

(ii) an equivalent list in an EEA state, before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(7) For regulation 6B (importation from outside the European Union)(22) substitute—

“Importation into the United Kingdom

6B.— (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 an EEA state before the end of the period of two years beginning with the day after the day on which exit day falls.”.

(8) In regulation 9 (labelling of packages)—

(a) paragraph (10) is omitted,

(b) in paragraph (12), for “one of the official languages of the Communities” substitute “English but may also be given in other languages”.

(9) In regulation 9A(8) (labelling of packages – breeder’s confirmation)(23), for “one of the official languages of the Community” substitute “English but may also be given in other languages”.

(10) After regulation 11 (civil liabilities of sellers of seeds) insert—

“Certification in a Crown Dependency

11A.   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 and supplier’s labels on exit day

11B.   A label pre-printed before exit day which at the date on which it was printed was an official label or a supplier’s label for the purposes of these Regulations, is to be treated as an official label or, as the case may be, a supplier’s label for packages of Basic Seed, Certified Seed, Standard Seed, Seed of a Conservation Variety or Standard Seed of an Amateur Variety or, as the case may be, small packages of Certified Seed or Standard 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.”.

(11) In schedule 4 (requirements for Basic Seed, Certified Seed, Certified Seed of a Conservation Variety, Standard Seed, Standard Seed of a Conservation Variety and Standard Seed of an Amateur Variety), in Part I (Basic Seed and Certified Seed), in paragraph 2 (varietal identity and varietal purity)(24)—

(a) in sub-paragraph (a), after “National List or” insert “, before the end of the period of two years beginning with the day after the day on which exit day falls,”,

(b) in sub-paragraph (b), for “an equivalent list in another EEA state” substitute “or before the end of the period of two years beginning with the day after the day on which exit day falls, an equivalent list in an EEA state”.

(12) In schedule 6 (labels and marking)(25)—

(a) in Part I(A)(a) (official label for a Package of Pre-basic Seed: prescribed contents), in point 1, for “EEA state or their mark” substitute “country or country initials”,

(b) in Part I(B)(a) (official label for a Package of Basic Seed or for a Package (Other than a Small Package) of Certified Seed: prescribed contents)—

(i) in point 1, for “EC” substitute “UK”,

(ii) in point 2, for “EEA state or their mark” substitute “country or country initials”,

(iii) in point 11(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”,

(c) in Part II(A)(a) (supplier’s label for a Package of Standard Seed, other than a Small Package: prescribed contents), in point 1, for “EC” substitute “UK”,

(d) in Part III(A)(a) (supplier’s label for a Small Package of Certified Seed: prescribed contents), in point 1, for “EC” substitute “UK”,

(e) in Part III(B)(a) (supplier’s label for a Small Package of Standard Seed: prescribed contents), in point 1, for “EC” substitute “UK”,

(f) in Part VI (supplier’s label for a package of seed of a Conservation Variety)(26), in sub-paragraph (a), for “EU” substitute “UK”,

(g) in Part VII (supplier’s label for a package of Standard Seed of an Amateur Variety)(27), in sub-paragraph (a), for “EU” substitute “UK”.

(1)

S.I. 1993/2008, amended by S.I. 1996/1452, S.I. 1997/616, S.I. 1999/1863, S.S.I. 2000/250, S.I. 2001/3510, S.S.I. 2007/305, S.S.I. 2010/219, S.S.I. 2010/425, S.I. 2011/1043, S.S.I. 2013/326 and S.S.I. 2016/434, and Part 2 of this instrument.

(2)

That definition was inserted by S.S.I. 2010/425.

(3)

That definition was inserted by S.S.I. 2010/425.

(4)

OJ L 8, 14.1.2003, p.10.

(5)

OJ L 284, 12.11.2018, p.31.

(6)

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.

(7)

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

(8)

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

(9)

S.R. 2003 No. 167.

(10)

That definition was inserted by S.S.I. 2010/425.

(11)

Paragraphs (3A) to (3C) were inserted by S.S.I. 2000/250. Those paragraphs are amended by Part 2 of this instrument.

(12)

Regulation 4(2) is substituted by Part 2 of this instrument.

(13)

Regulation 5 is amended by Part 2 of this instrument.

(14)

Sub-paragraph (bb) was inserted by S.S.I. 2010/425.

(15)

OJ L 193, 20.7.2002, p.33, as last amended by Commission Implementing Directive (EU) 2016/317 (OJ L 60, 5.3.2016, p.72).

(16)

Paragraphs (2D) and (2E) were inserted by S.S.I. 2000/250.

(17)

Paragraph (4A) was inserted by S.I. 2001/3510.

(18)

Paragraph (9A) was inserted by S.S.I. 2000/250.

(19)

Paragraph (9B) was inserted by S.S.I. 2000/250.

(20)

Regulation 5A was inserted by S.S.I. 2010/425.

(21)

Regulation 6A was inserted by S.I. 1999/1863 and is amended by Part 2 of this instrument.

(22)

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

(23)

Regulation 9A was inserted by S.I. 1999/1863.

(24)

Paragraph 2 is amended by Part 2 of this instrument.

(25)

Schedule 6 is amended by Part 2 of this instrument.

(26)

Part VI was inserted by S.S.I. 2010/425.

(27)

Part VII was inserted by S.S.I. 2010/425.