The Seeds (National Lists of Varieties) Regulations 2001

Arrangements for official measures

9.—(1) Subject to the following provisions of this regulation, the National Authorities may make arrangements, in such form as they are of the opinion may be necessary or desirable, for the purpose of enabling any person to act under their responsibility to carry out official measures.

(2) The National Authorities shall not make an arrangement under this regulation unless they are satisfied that it will make provision for the purpose of preventing the person with whom the arrangement is made, and any other person, from—

(a) deriving any private gain from any official measures carried out under the arrangement; and

(b) carrying out any official measures under the arrangement except under official supervision.

(3) An arrangement under this regulation may include such conditions as the National Authorities are of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2) above, including conditions—

(a) specifying—

(i) the official measures that the person with whom the arrangement is made shall carry out under it;

(ii) the species of plant varieties on which he may carry out the official measures;

(iii) the methods to be used in connection with the official measures he carries out under the arrangement;

(iv) the fees that may be charged by the person with whom the arrangement is made in relation to the official measures he carries out under it; and

(v) the records that must be kept by the person with whom the arrangement is made in connection with the official measures he carries out;

(b) prohibiting the person with whom the arrangement is made from—

(i) carrying out the official measures except under official supervision; and

(ii) charging fees in relation to the official measures he carries out under the arrangement except to the extent that these do not exceed the costs he incurs in carrying them out; and

(c) prohibiting the person with whom the arrangement is made from making any further arrangement for any purpose in connection with the carrying out of any of the official measures he has arranged with the National Authorities to carry out, unless—

(i) the National Authorities have first approved all the conditions of the further arrangement and the person with whom the arrangement was made has received the prior written approval of the National Authorities to make the further arrangement;

(ii) the further arrangement includes a condition prohibiting the making of any subsequent arrangements for any purpose in connection with the carrying out of any of the official measures in respect of which the National Authorities made the arrangement;

(iii) the further arrangement includes an acknowledgement by the person with whom it is made that the National Authorities may vary, suspend or revoke the further arrangement, whether or not they also vary, suspend or revoke the arrangement they made with the person seeking their approval for the further arrangement, if it appears to them that the person with whom the further arrangement is made is not complying, or has failed to comply, with any condition of the further arrangement; and

(iv) the further arrangement includes the conditions specified in subparagraphs (a) and (b) above.

(4) The National Authorities shall not approve the making of a further arrangement by any person with whom they make an arrangement under this regulation unless they are satisfied that the person with whom the further arrangement is to be made—

(a) will not derive any private gain from any official measures he is to be authorised to carry out under the further arrangement; and

(b) will not carry out any official measures under the further arrangement except under official supervision.

(5) If it appears to the National Authorities that any person with whom an arrangement has been made under this regulation, or any person with whom a further arrangement has been made by any such person, has failed to comply or is failing to comply with any conditions of the arrangement or further arrangement, the National Authorities may, after giving notice to the person concerned, vary, suspend or revoke the arrangement or further arrangement; and a further arrangement may be varied, suspended or revoked under this paragraph notwithstanding that the arrangement in respect of which it was made is not also varied, suspended or revoked.

(6) The National Authorities may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, or a further arrangement or any of the conditions of a further arrangement under this regulation, by giving notice in writing to the person with whom the arrangement or further arrangement is made.

(7) A notice of a variation, suspension or revocation of an arrangement or further arrangement, or of a condition of an arrangement or further arrangement, shall specify—

(a) in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect; and

(b) in respect of a suspension, a period during which suspension shall have effect;

and the variation, suspension or revocation shall have effect in accordance with the notice.

(8) When a variation, suspension or revocation has effect the National Authorities may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to them to be official measures carried out in accordance with the provisions of these Regulations.