Council Directive 2002/56/ECDangos y teitl llawn

Article 2 U.K.

For the purposes of this Directive:

(a)

‘marketing’ means the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer aimed at commercial exploitation of seed potatoes to third parties, whether or not for consideration.

Trade in seed potatoes not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded as marketing:

• the supply of seed potatoes to official testing and inspection bodies,

• the supply of seed potatoes to providers of services for processing or packaging,

provided the provider of services does not acquire title to seed potatoes thus supplied.

The supply of seed potatoes under certain conditions to providers of services for the production of certain agricultural raw materials intended for industrial purposes, or seed propagation for that purpose, shall not be regarded as marketing, provided the provider of services does not acquire title to either the seed thus supplied or the product of the harvest. The supplier of seed potatoes shall provide the certification authority with a copy of the relevant parts of the contract made with the provider of services and this shall include the standards and conditions currently met by the seed potatoes provided.

The conditions for the application of this provision shall be determined in accordance with the procedure laid down in article 25(2);

(b)

‘basic seed potatoes’ means potato tubers

(i)

which have been produced according to accepted practices for the maintenance of the variety and of health;

(ii)

which are intended mainly for the production of certified seed potatoes;

(iii)

which satisfy the minimum conditions laid down in Annexes I and II for basic seed potatoes; and

(iv)

which have been found by official examination to satisfy the minimum conditions laid down above;

(c)

‘certified seed potatoes’ means potato tubers

(i)

which have been produced directly from basic seed or certified seed, or from seed of a generation prior to basic seed which have been found on official examination to satisfy the conditions laid down for basic seed;

(ii)

which are intended mainly for the production of potatoes other than seed potatoes;

(iii)

which satisfy the minimum conditions laid down in Annexes I and II for certified seed potatoes; and

(iv)

which have been found by official examination to satisfy the abovementioned minimum conditions;

(d)

‘official measures’ means measures taken

(i)

by State authorities; or

(ii)

by any legal person whether governed by public or by private law, acting under the responsibility of the State; or

(iii)

in the case of ancillary activities which are also subject to State control, by any natural person duly sworn for that purpose,

provided that the persons mentioned under (ii) and (iii) derive no private gain from such measures.