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The Seed Potatoes (Wales) Regulations 2006

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Marketing of seed potatoes for test and trial purposes

8.—(1) The National Assembly may authorise marketing of seed potatoes for tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of potato species in accordance with this regulation and Schedule 5.

(2) Application for authorisation or renewal of authorisation to market seed potatoes in accordance with paragraph (1) must be made in writing to the National Assembly and must be accompanied by such information as it may require.

(3) The National Assembly must not authorise marketing—

(a)of an amount of seed potatoes in excess of that permitted by Article 7 of Commission Decision 2004/842/EC;

(b)of seed potatoes which contain any genetically modified material unless that material is authorised under the Food and Feed Regulation or Part C of the Deliberate Release Directive.

(4) Authorisation given in accordance with paragraph (1), or the renewal of such authorisation, may be for a period of one year or such shorter period as the National Assembly may specify.

(5) In authorising marketing in accordance with paragraph (1), the National Assembly may impose such conditions as it thinks necessary or desirable having regard to the nature of the tests or trials and the nature of the seed potatoes to which the application relates, including a condition relating to the keeping of records in respect of the marketing of the seed potatoes.

(6) Authorisation given in accordance with paragraph (1) ceases to have effect where—

(a)the application referred to in paragraph (3)(a) of Schedule 5 is withdrawn or rejected in accordance with the Seeds (National Lists of Varieties) Regulations 2001; or

(b)the variety of potato species to which the seed potatoes to which the authorisation relates belong is entered in a National List or the Common Catalogue.

(7) The National Assembly may withdraw authorisation given in accordance with paragraph (1) where there is a breach of any condition referred to in paragraph (5).

(8) The National Assembly may require the person to whom authorisation has been given in accordance with paragraph (1) to provide it with information about—

(a)the results of the tests or trials to which the authorisation relates; or

(b)the quantities of seed potatoes marketed during the authorised period and the name of the member State in which the seed potatoes are intended to be marketed.

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