EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations implement Commission Directive 2010/60/EU (OJ L 228, 31.08.10, p.10). They amend the Fodder Plant Seed (Scotland) Regulations 2005 (“the principal Regulations”) in order to permit the marketing of preservation mixtures.

Regulation 4 inserts a new regulation 8A in the principal Regulations to provide a procedure whereby a producer established in Scotland may apply to the Scottish Ministers for an authorisation to market either a directly harvested or a crop-grown preservation mixture. In terms of the new regulation 8A, the Scottish Ministers may grant an authorisation, for a maximum period of one year, if certain conditions in relation to the seed are fulfilled. A preservation mixture may only be marketed in its region of origin.

Schedule 3 to the principal Regulations is amended to provide for the particulars which are to be specified in an authorisation to market a preservation mixture (regulation 9).

Regulations 15 and 16 of the principal Regulations are amended to include certain requirements for sampling of directly harvested preservation mixtures and sealing a package of seeds of a preservation mixture (regulations 5 and 6).

Regulation 17 of, and Part II of Schedule 6 to, the principal Regulations are amended to include certain requirements for labelling a package of seeds of a preservation mixture (regulations 7 and 11).

Regulation 3 amends regulation 2 of the principal Regulations to insert definitions of preservation mixture, collection site, crop-grown and directly harvested preservation mixture and source area.

No Business Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.