2013 No. 326
Seeds

The Seed (Scotland) (Miscellaneous Amendments) Regulations 2013

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, sections 16(1), (1A), (3) and 36 of the Plant Varieties and Seeds Act 19642 and all other powers enabling them to do so.

In accordance with section 16(1) of the Plant Varieties and Seeds Act 1964 Act they have consulted with representatives of such interests as appear to them to be concerned.

PART 1GENERAL

Citation and commencement1.

(1)

These Regulations may be cited as the Seed (Scotland) (Miscellaneous Amendments) Regulations 2013 and come into force on 16th December 2013.

(2)

These Regulations extend to Scotland only.

PART 2AMENDMENT OF THE VEGETABLE SEEDS REGULATIONS 1993

Amendment of the Vegetable Seeds Regulations 19932.

(1)

The Vegetable Seeds Regulations 19933 are amended in accordance with paragraph (2).

(2)

In Schedule 1 (kinds of seed to which these Regulations apply), for “Lycopersicon esculentum Mill” substitute “Solanum lycopersicum L.”.

PART 3AMENDMENT OF THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005

Amendment of the Fodder Plant Seed (Scotland) Regulations 20053.

The Fodder Plant Seed (Scotland) Regulations 20054 are amended in accordance with regulations 4 to 7.

Amendment of regulation 24.

In regulation 2(1) (interpretation), for the definition of “the Fodder Plant Seed Directive” substitute—
““the Fodder Plant Seed Directive” means Council Directive 66/401/EEC on the marketing of fodder plant seed5;”.

Amendment of Schedule 55.

In Part II of Schedule 5 (maximum weight of a seed lot and minimum weight of a submitted sample)—

(a)

in paragraph 23 (maximum weight of a seed lot), after “paragraphs” insert “23A,”;

(b)

after paragraph 23 insert—

“Increase to maximum weight of a seed lot of grasses23A.

(1)

Any person registered by the Scottish Ministers under regulation 5(1) (registrations) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 20066 or by another National Authority under any equivalent provision extending to any other part of the United Kingdom may apply to the Scottish Ministers for approval to increase to 25 tonnes the maximum weight of a seed lot of any of the grasses set out in column 1 of the table in paragraph 26.

(2)

An application under sub-paragraph (1) shall contain such information as the Scottish Ministers may require.

(3)

The Scottish Ministers shall not approve an application under sub-paragraph (1) unless they are satisfied that the applicant has complied with the guidance booklet titled “Scottish Government Guide to Large Herbage Seed Lot Approval and Check Sampling Programme 20137” produced by the Scottish Ministers.

(4)

An approval may be made subject to such conditions as the Scottish Ministers think are necessary.

(5)

The Scottish Ministers may revoke an approval under sub-paragraph (4) where they are satisfied that there has been a breach of any condition to which the approval is subject.”; and

(c)

for paragraph 24 (margin by which seed lots can exceed maximum weight) substitute—

“Margin by which seed lots can exceed maximum weight24.

(1)

Subject to sub-paragraph (2), a seed lot may exceed the maximum weight for a seed lot set out in column 2 of the table in paragraph 26 by not more than 5%.

(2)

Where a person referred to in paragraph 23A(1) has approval to increase the maximum weight of a seed lot of grasses to 25 tonnes, the weight of such a seed lot may exceed 25 tonnes by not more than 5%.”.

Amendment to Schedule 66.

In Schedule 6, in Part II (labels), in paragraph 8A(2)8, after “relevant” insert “,”.

Revocations7.

Schedule 9 (definition of the Fodder Plant Seed Directive) is revoked.

RICHARD LOCHHEAD
A member of the Scottish Government

St Andrew’s House,

Edinburgh

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

These Regulations implement Commission Implementing Directive 2013/45/EU (OJ L 213, 8.8.2013, p.20). They amend the Vegetable Seeds Regulations 1993 in order to change the botanical name of tomato in Schedule 1 to those Regulations.

These Regulations also implement Commission Implementing Directive 2012/37/EU (OJ L 325, 23.11.2012, p.13). They amend the Fodder Plant Seed (Scotland) Regulations 2005 (“the 2005 Regulations”) in order to permit the increase of the maximum weight of a seed lot of certain fodder plant species.

Regulation 5 amends Part II of Schedule 5 to the 2005 Regulations to provide a procedure whereby a registered person may apply to the Scottish Ministers for approval to increase the maximum weight of a seed lot for grasses to 25 tonnes. In terms of the new paragraph 23A, the Scottish Ministers may approve such an application if the applicant has complied with the relevant guidance. The maximum weight of a seed lot remains subject to a margin by which it may be exceeded by virtue of paragraph 24 of Part II of Schedule 5 to the 2005 Regulations.

Regulation 6 amends regulation 8A of the 2005 Regulations to correct a minor typographical error.

Regulation 4 amends the definition of “the Fodder Plant Seed Directive” in regulation 2 of the 2005 Regulations to narrate the most recent amendment to that Directive.

Regulation 7 revokes Schedule 9 to the 2005 Regulations. Schedule 9 is no longer required as a result of the amendment to the definition of “the Fodder Plant Seed Directive” by regulation 4.

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