The Seed Potatoes (Amendment) (Wales) Regulations 2001

Explanatory Note

(This note does not form part of the Regulations)

These Regulations amend the Seed Potatoes Regulations 1991, S.I. 1991/2206 (as amended by S.Is. 1992/1031, 1993/1878, 1994/2592 and 1997/1474) (the 1991 Regulations). They come into force on 29th November 2001 and apply to Wales only.

The amendments to the 1991 Regulations give effect in Wales to Council Directive 98/95/EC (OJ No. L25, 1.2.1999, p.1) amending, in respect of the consolidation of the internal market, genetically modified plant resources and plant genetic resources, directives in respect of the marketing of seeds and the common catalogue of varieties of agricultural plant species.

The directives in respect of the marketing of seeds amended by Council Directive 98/95/EC include Council Directive 66/403/EEC (OJ No. L125, 11.7.66, p.2320) (OJ/SE 1965—66, p.154) on the marketing of seed potatoes. Council Directive 98/96/EC (OJ No. L25, 1.2.1999, p.27) also amends Council Directive 66/403/EEC but the amendments do not require amendment to the 1991 Regulations.

These Regulations —

(a) amend definitions in regulation 2 (of the 1991 Regulations), including the definitions of “marketing” and “seed potatoes” (regulation 3);

(b) provide for the marketing of pre-basic seed potatoes (various regulations);

(c) make new provision in regulation 6 in relation to marketing for scientific purposes or selection work and as a consequence omit regulation 5 (regulations 4 and 5);

(d) insert a new regulation 10A concerning genetically modified seed potatoes (regulation 9);

(e) insert a new regulation 12A concerning the import of seed potatoes from third countries (regulation 10);

(f) amend Schedule 1 Part III in relation to the certification of seed potatoes (regulation 11)(e); and

(g) also make minor and consequential amendments to the 1991 Regulations (various regulations).

Similar Regulations have been made to amend the 1991 Regulations in so far as they apply to England (see S.I. 2000/1788). In Scotland new Regulations replacing the 1991 Regulations as respects Scotland have been made (see S.S.I. 2000/201).