2020 No. 34
Plant Health
Seeds

The Marketing of Fruit Plant and Propagating Material (Scotland) Amendment Regulations 2020

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 and all other powers enabling them to do so.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Marketing of Fruit Plant and Propagating Material (Scotland) Amendment Regulations 2020 and come into force on 1 April 2020.

(2)

These Regulations extend to Scotland only.

Amendment of the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 20172.

(1)

The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 20172 is amended as follows.

(2)

After regulation 23 (transitional provisions), insert—

“23ZA.Transitional provisions for supplier’s documents affixed to CAC material

(1)

This regulation applies where CAC material—

(a)

has affixed to it, in the form of a label, a supplier’s document in a colour other than yellow, and

(b)

such supplier’s document was in use before 1 April 2020.

(2)

Notwithstanding paragraph 6A of Part 2 (supplier’s documents for CAC material) of schedule 5 (official labels, supplier’s documents and accompanying documents), a supplier may market in Scotland CAC material described in paragraph (1).

(3)

A supplier who markets CAC material described in paragraph (1) must ensure that the supplier’s document states that it is marketed in accordance with Article 3 of Commission Implementing Directive 2019/18133.

(4)

This regulation ceases to have effect on 30 June 2021.”.

(3)

In schedule 5 (official labels, supplier’s documents and accompanying documents)—

(a)

in Part 1 (official labels), in paragraphs 1 and 3, omit “, if a coloured label is used,”,

(b)

in Part 2 (supplier’s documents for CAC material)—

(i)

in paragraph 6(b), omit heads (vii) and (viii),

(ii)

after paragraph 6, insert—

“6A.

Where it is affixed to the CAC material in the form of a label, the supplier’s document must be yellow.”,

(iii)

in paragraph (7), for “easily” substitute “clearly”.

MAIRI GOUGEON
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

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

These Regulations implement Commission Implementing Directive 2019/1813 of 29 October 2019 amending Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC as regards the colour of the label for certified categories of propagating material and fruit plants and the content of the supplier’s document (OJ L 278, 30.10.2019, p.7).

They amend the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 (“the principal Regulations”).

Regulation 2 amends schedule 5 of the principal Regulations to make provision for a supplier’s document affixed in the form of a label to Conformitas Agraria Communitatis (“CAC”) material to be yellow, and reduces the information required to be included in a supplier’s document.

Regulation 2 also amends Part 5 of the principal Regulations to make transitional provisions that enable CAC material affixed with a supplier’s document in the form of a label that is in a colour other than yellow and was in use before 1 April 2020 to be marketed in Scotland until 30 June 2021.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.