The Seed Potatoes (Scotland) Amendment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Seed Potatoes (Scotland) Regulations 2000 (S.S.I. 2000/201) (“the principal Regulations”), which have not previously been amended. The principal Regulations regulate the production, classification and marketing of seed potatoes in line with EC requirements. These Regulations amend the principal Regulations to implement Council Directive 2002/56/EC on the Marketing of Seed Potatoes (“the Directive”) (O.J. No. L193 20.07.2002, p.60., as last amended by Council Directive 2003/61/EC 18.06.2003 O.J. No L165, p.23), and which consolidated the much amended Directive 66/403/EEC (O.J. No L125, 11.7.66, p.154).

These Regulations–

(a) make provision for the classification of seed potatoes by way of crop inspection report followed by labelling to permit producers to meet market demand in a manner that is compliant with the overall requirements of the Directive by marketing at the class stated in the report and all lower classes, thereby removing the restriction imposed by classification at a single class (regulations 4(g) and (i), 15(c) and the Schedule);

(b) provide for the requirement for official sealing or sealing under official supervision in regulation 10 of the principal Regulations in accordance with Article 12 of the Directive (regulation 10);

(c) remove the derogation in respect of official examination found under regulation 15 of the principal Regulations in accordance with Article 11(2) of the Directive (regulation 12);

(d) remove the Virus Tested Stem Cutting (VTSC) class from the Seed Potato Classification Scheme and introduce two additional generations of class Pre-basic with an amended set of tolerances for the class (regulations 6, 16(b), 20 and 23);

(e) introduce a number of revised tolerances for Super Elite and Elite seed potatoes and rename the Basic seed potato class “AA” to “A” (regulation 16(b));

(f) introduce discretionary field generation markers to labels confirming the number of years that a stock has been grown in the field for the assistance of seed potato producers and buyers (regulations 4(d) and (g), 17, 19(b) and 21(b));

(g) correct a technical omission from the principal Regulations by applying requirements as to varietal purity and size to seed potatoes produced outside Scotland which are approved by the Scottish Ministers as equivalent to basic seed potatoes (regulation 18(d)); and

(h) apply the standards of the principal Regulations to seed potatoes produced in Scotland but shown to be intended for export to countries outside the European Community and introduce certain specific tuber tolerances in relation to such seed potatoes, without applying the requirement that a variety appear on the National List and the tolerance for variation in tuber size (regulations 5 and 20).