The Seeds (National Lists of Varieties) Regulations 2001

Amendments of Seeds Marketing Regulations

25.—(1) The Seeds Marketing Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In relation to beet seeds—

(a) in the Beet Seeds Regulations 1993—

(i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(ii) in regulation 5(1) for the words “no person shall market any seeds unless they are seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 unless they are marketed in seed lots or parts of seed lots and unless they are” there shall be substituted the words “no person shall market any seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 unless the variety is accepted on to a National List or the Common Catalogue, unless the seeds are marketed in seed lots or parts of seed lots and unless they are”;

(iii) in regulation 5(3)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1) above”;

(iv) after paragraph (3) of regulation 5 there shall be added the following paragraph—

“(3A) Paragraph (1) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.”; and

(v) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1) above”; and

(b) in the Beet Seeds Regulations (Northern Ireland) 1994—

(i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(ii) in regulation 5(1) for the words “a person shall not market any seeds unless they are seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 unless they are marketed in seed lots or parts of seed lots and unless they are” there shall be substituted the words “a person shall not market any seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 unless the variety is accepted on to a National List or the Common Catalogue, unless the seeds are marketed in seed lots or parts of seed lots and unless they are”;

(iii) in regulation 5(3)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1) above”;

(iv) after paragraph (3) of regulation 5 there shall be added the following paragraph—

“(3A) Paragraph (1) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.”; and

(v) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1) above”.

(3) In relation to cereal seeds—

(a) in the Cereal Seeds Regulations 1993—

(i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(ii) in regulation 5(1) for the words “no person shall market any seeds unless they are seeds of plant varieties which may be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 unless they are marketed in seed lots or parts of seed lots and unless they are” there shall be substituted the words “no person shall market any seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 unless the variety is accepted on to a National List or the Common Catalogue, unless the seeds are marketed in seed lots or parts of seed lots and unless they are”;

(iii) in regulation 5(3)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1) above”;

(iv) after paragraph (3) of regulation 5 there shall be added the following paragraph—

“(3A) Paragraph (1) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.”; and

(v) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1) above”; and

(b) in the Cereal Seeds Regulations (Northern Ireland) 1994—

(i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(ii) in regulation 5(1) for the words “a person shall not market any seeds unless they are seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 unless they are marketed in seed lots or parts of seed lots and unless they are” there shall be substituted the words “a person shall not market any seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 unless the variety is accepted on to a National List or the Common Catalogue, unless the seeds are marketed in seed lots or parts of seed lots and unless they are”;

(iii) in regulation 5(3)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1) above”;

(iv) after paragraph (3) of regulation 5 there shall be added the following paragraph—

“(3A) Paragraph (1) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.”; and

(v) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1) above”.

(4) In relation to fodder plant seeds—

(a) in the Fodder Plant Seeds Regulations 1993—

(i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(ii) in regulation 5(1)(b) for the words “seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 and which are” there shall be substituted the words “seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 accepted on to a National List or the Common Catalogue and which are”;

(iii) in regulation 5(3)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1)(b) above”;

(iv) after paragraph (3) of regulation 5 there shall be added the following paragraph—

“(3A) Paragraph (1)(b) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.”; and

(v) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1)(b) above”; and

(b) in the Fodder Plant Seeds Regulations (Northern Ireland) 1994—

(i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(ii) in regulation 5(1)(b) for the words “seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 and which are” there shall be substituted the words “seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 accepted on to a National List or the Common Catalogue and which are”;

(iii) in regulation 5(3)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1)(b) above”;

(iv) after paragraph (3) of regulation 5 there shall be added the following paragraph—

“(3A) Paragraph (1)(b) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.”; and

(v) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1)(b) above”.

(5) In relation to oil and fibre plant seeds—

(a) in the Oil and Fibre Plant Seeds Regulations 1993—

(i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(ii) in regulation 5(1)(b) for the words “seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 and which are” there shall be substituted the words “seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 accepted on to a National List or the Common Catalogue and which are”;

(iii) in regulation 5(3)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1)(b) above”;

(iv) after paragraph (3) of regulation 5 there shall be added the following paragraph—

“(3A) Paragraph (1)(b) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.”; and

(v) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1)(b) above”; and

(b) in the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 1994—

(i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(ii) in regulation 5(1)(b) for the words “seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 and which are” there shall be substituted the words “seeds of a plant variety of a species specified in Part 1 of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 accepted on to a National List or the Common Catalogue and which are”;

(iii) in regulation 5(3)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1)(b) above”;

(iv) after paragraph (3) of regulation 5 there shall be added the following paragraph—

“(3A) Paragraph (1)(b) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.”; and

(v) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1)(b) above”.

(6) In relation to seed potatoes—

(a) in paragraph 3(a) of Part 1 of Schedule 1 to the Seed Potatoes Regulations 1991, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(b) in paragraph 3(b) of Schedule 1 to the Seed Potatoes (Scotland) Regulations 2000, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”; and

(c) in paragraph 2(a) of Schedule 1 to the Seed Potatoes Regulations (Northern Ireland) 2001, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”.

(7) In relation to vegetable seeds—

(a) in the Vegetable Seeds Regulations 1993—

(i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(ii) in regulation 5(1) for the words “no person shall market any seeds unless they are seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982, unless they are marketed in seed lots or parts of seed lots and unless they are” there shall be substituted the words “no person shall market any seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 unless the variety is accepted on to a National List or the Common Catalogue and no person shall market any seeds of a plant variety of a derogated species specified in paragraph 1 of Part II of Schedule 1 to those Regulations unless the variety is accepted on to the Common Catalogue; and no person shall market any seeds of a plant variety of a species specified in Part I of that Schedule or paragraph 1 of Part II of that Schedule unless the seeds are marketed in seed lots or parts of seed lots and unless they are”;

(iii) in regulation 5(4)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1) above”;

(iv) after paragraph (4) of regulation 5 there shall be added the following paragraph—

“(4A) Paragraph (1) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.”;

(v) in regulation 5(11) the words “regulation 32(1) and (2) of the Seeds (National Lists of Varieties) Regulations 1982, and” shall be deleted; and

(vi) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1) above”; and

(b) in the Vegetable Seeds Regulations (Northern Ireland) 1994—

(i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

(ii) in regulation 5(1) for the words “a person shall not market any seeds unless they are seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 unless they are marketed in seed lots or parts of seed lots and unless they are” there shall be substituted the words “a person shall not market any seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 unless the variety is accepted on to a National List or the Common Catalogue and a person shall not market any seeds of a plant variety of a derogated species specified in paragraph 1 of Part II of Schedule 1 to those Regulations unless the variety is accepted on to the Common Catalogue; and a person shall not market any seeds of a plant variety of a species specified in Part I of that Schedule or paragraph 1 of Part II of that Schedule unless the seeds are marketed in seed lots or parts of seed lots and unless they are”;

(iii) in regulation 5(4)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1) above”;

(iv) after paragraph (4) of regulation 5 there shall be added the following paragraph—

“(4A) Paragraph (1) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.”;

(v) in regulation 5(11) the words “regulation 32(1) and (2) of the Seeds (National Lists of Varieties) Regulations 1982, and” shall be deleted; and

(vi) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1) above”.