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The Vegetable Seed (Wales) Regulations 2005

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Exception for market testing

19.—(1) The prohibition in regulation 15(1) shall not apply to the marketing of seed by or on behalf of a breeder of the seed in a case where—

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

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

(i)the Scottish Ministers;

(ii)the Secretary of State;

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

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

pursuant to Article 23(1)(b) of the Vegetable Seed Directive.

(2) A breeder established in Wales may apply to the National Assembly for a regulation 19 authorisation.

(3) An application made under this regulation shall be made in such form and manner and at such time as the National Assembly shall require and shall be accompanied by such information as the National Assembly may require for the purpose of determining whether to grant an authorisation including, if required, data on distinctness, uniformity and stability of the variety of seed concerned.

(4) The National Assembly shall not grant a regulation 19 authorisation unless—

(a)an application has been submitted to the relevant authority—

(i)under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001(1) for acceptance of the variety concerned on a National List, or

(ii)in another member State for inclusion of the variety in a national catalogue equivalent to a National List,

that has not been withdrawn or finally determined and for which any technical information that may be required in support of such an application has been submitted, and

(b)in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under either—

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

(ii)the Food and Feed Regulation.

(5) A regulation 19 authorisation—

(a)shall remain in force during the period specified in the authorisation, and

(b)may impose such conditions as the National Assembly may think necessary or desirable having regard to the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

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