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The Fodder Plant Seed (Wales) Regulations 2005

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Exception for scientific purposes and selection work

19.—(1) Subject to paragraphs (6) and (7), the prohibition in regulation 15(1) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which —

(a)an authorisation has been granted to the producer by the National Assembly for Wales in accordance with this regulation, or

(b)an authorisation has been granted to the producer by or on behalf of —

(i)the Secretary of State;

(ii)the Scottish Ministers;

(iii)the Department of Agriculture and Rural Development; or

(iv)a competent seed certification authority in another member State,

pursuant to Article 4a(1)(a) of the Fodder Plant Seed Directive.

(2) An application for authorisation under paragraph (1)(a) shall be made in such form and manner and at such time as the National Assembly for Wales shall require and shall be accompanied by such information as the National Assembly for Wales may require for the purpose of determining whether to grant an authorisation.

(3) The National Assembly for Wales shall not grant an authorisation under paragraph (1)(a) in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under Part C of Council Directive 2001/18/EC(1) on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC.

(4) The National Assembly for Wales shall not grant a regulation 19 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either —

(a)Part C of the Deliberate Release Directive; or

(b)the Food and Feed Regulation.

(5) The National Assembly for Wales may vary, suspend revoke or add conditions to authorisations to which paragraph (1) applies by service of a notice on the producer.

(6) Where an authorisation to which paragraph (1) applies has been granted, the marketing by a producer of small quantities of seed for scientific purposes or selection work shall be in accordance with the conditions attached to that authorisation, whether granted by the National Assembly for Wales or, subject to paragraph (5), any other competent seed certification authority in the United Kingdom or in another member State.

(7) The National Assembly for Wales may revoke or suspend an authorisation that has effect in Wales by virtue of this regulation by service of a notice on the producer concerned, and where such a notice has been served, marketing of seed for scientific purposes or selection work may only be authorised subsequently by the National Assembly for Wales in accordance with this regulation.

(1)

O.J. L106, 17.4.2001, p.1.

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