2011 No. 464
Agriculture

The Seeds (National Lists of Varieties) (Amendment) Regulations 2011

Made
Laid before Parliament
Laid before the National Assembly for Wales
Coming into force
The Secretary of State and the Welsh Ministers are each designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the common agricultural policy of the European Union.
The Secretary of State and the Welsh Ministers (the Welsh Ministers acting only in relation to Wales) make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 23 to, the European Communities Act 1972.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State and the Welsh Ministers that it is expedient for any reference in these Regulations to any of the following EU instruments to be construed as a reference to that instrument as amended from time to time—

  1. (a)
    Commission Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species4,
  2. (b)
    Commission Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species5, and
  3. (c)
    Commission Regulation (EC) No 637/2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species6.

Title and commencement1.

These Regulations may be cited as the Seeds (National Lists of Varieties) (Amendment) Regulations 2011 and come into force on 1st April 2011.

Amendment to the Seeds (National Lists of Varieties) Regulations 20012.

(1)

The Seeds (National Lists of Varieties) Regulations 20017 are amended as follows.

(2)

In paragraph (1) of regulation 2 (interpretation)—

(a)

for the definition of “the Commission Regulation” substitute—

““the Commission Regulation” means Commission Regulation (EC) No 637/2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species, as amended from time to time;”;

(b)

for the definition of “conservation variety”8 substitute—

““conservation variety” means a landrace or plant variety of a species specified in Part I of Schedule 1 that is naturally adapted to the local and regional conditions (or, in the case of a vegetable variety, that has been traditionally grown in particular localities and regions) and is threatened by genetic erosion, and for these purposes—

(a)

“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and

(b)

“genetic erosion” means loss of genetic diversity between and within populations or varieties of the same species over time, or reduction of the genetic basis of a species due to human intervention or environmental change;”;

(c)

for the definition of “the Seeds Marketing Regulations”9 substitute—

““the Seeds Marketing Regulations” means—

(a)

as respects England—

  1. (i)
    in relation to beet seed, cereal seed, fodder plant seed, oil and fibre plant seed and vegetable seed, the Seed Marketing Regulations 201110, and
  2. (ii)
    in relation to seed potatoes, the Seed Potatoes (England) Regulations 200611;

(b)

as respects Wales—

  1. (i)
    in relation to beet seed, the Beet Seed (Wales) Regulations 200512,
  2. (ii)
    in relation to cereal seed, the Cereal Seed (Wales) Regulations 200513,
  3. (iii)
    in relation to fodder plant seed, the Fodder Plant Seed (Wales) Regulations 200514,
  4. (iv)
    in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Wales) Regulations 200415,
  5. (v)
    in relation to vegetable seed, the Vegetable Seed (Wales) Regulations 200516, and
  6. (vi)
    in relation to seed potatoes, the Seed Potatoes (Wales) Regulations 200617;

(c)

as respects Scotland—

  1. (i)
    in relation to beet seed, the Beet Seed (Scotland) (No. 2) Regulations 201018,
  2. (ii)
    in relation to cereal seed, the Cereal Seed (Scotland) Regulations 200519,
  3. (iii)
    in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 200520,
  4. (iv)
    in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 200421,
  5. (v)
    in relation to vegetable seed, the Vegetable Seeds Regulations 199322, and
  6. (vi)
    in relation to seed potatoes, the Seed Potatoes (Scotland) Regulations 200023; and

(d)

as respects Northern Ireland—

  1. (i)
    in relation to beet seed, the Beet Seeds Regulations (Northern Ireland) 200924,
  2. (ii)
    in relation to cereal seed, the Cereal Seeds Regulations (Northern Ireland) 200925,
  3. (iii)
    in relation to fodder plant seed, the Fodder Plant Seeds Regulations (Northern Ireland) 200926,
  4. (iv)
    in relation to oil and fibre plant seed, the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 200927,
  5. (v)
    in relation to vegetable seed, the Vegetable Seeds Regulations (Northern Ireland) 200928, and
  6. (vi)
    in relation to seed potatoes, the Seed Potatoes Regulations (Northern Ireland) 201029;”; and

(d)

for the definition of “standard seed”30 substitute—

““standard seed”, in relation to seed of a vegetable variety, has the same meaning—

(a)

as respects England, as in Part 5 of Schedule 2 to the Seed Marketing Regulations 2011,

(b)

as respects Wales, as in the Vegetable Seed (Wales) Regulations 2005,

(c)

as respects Scotland, as in the Vegetable Seeds Regulations 1993, and

(d)

as respects Northern Ireland, as in the Vegetable Seeds Regulations (Northern Ireland) 2009;”.

(3)

In regulation 3 (National Lists of plant varieties and the Gazette), in paragraph (2)31, for “in accordance with” (the second time it appears) to the end substitute—

“in accordance with, as respects England, Part 5 of Schedule 2 to the Seed Marketing Regulations 2011, as respects Wales, the Vegetable Seed (Wales) Regulations 2005, as respects Scotland, the Vegetable Seeds Regulations 1993, and as respects Northern Ireland, the Vegetable Seeds Regulations (Northern Ireland) 2009”.

(4)

In regulation 5 (acceptance of plant varieties), in paragraph (3A)32—

(a)

in sub-paragraph (a), delete “of varieties of agricultural plant species”; and

(b)

in sub-paragraph (b), after “Common Catalogue Directive” insert “or the Vegetable Seed Marketing Directive”.

(5)

After regulation 5 insert—

“Amateur vegetable varieties5A.

(1)

The provisions of these Regulations relating to conservation varieties apply in relation to amateur vegetable varieties, with the exceptions and modifications listed in paragraphs (2), (3) and (4).

(2)

The following provisions do not apply to amateur vegetable varieties—

(a)

regulation 5(3)(ca) (requirement that the variety presents an interest for the conservation of plant genetic resources);

(b)

regulation 7 (maintainers of plant varieties); and

(c)

regulation 12 (maintenance of accepted plant varieties).

(3)

Paragraph (3A) of regulation 5 is modified by—

(a)

in sub-paragraph (a), the substitution of “an amateur vegetable variety” for “a conservation variety”; and

(b)

in sub-paragraph (b), the omission of “the Common Catalogue Directive or”.

(4)

Sub-paragraph (1) of paragraph 1A of Schedule 233 is modified by—

(a)

in paragraph (a), the omission of “Directive 2003/90 or”; and

(b)

in paragraph (b), the substitution of “that Directive” for “those Directives”.

(5)

In this regulation an amateur vegetable variety is a vegetable variety with no intrinsic value for commercial crop production but developed for growing under particular agro-technical, climatic or pedological conditions.”.

(6)

In regulation 25 (amendments of Seeds Marketing Regulations)—

(a)

in the title, for “Seeds Marketing Regulations” substitute “certain Regulations relating to seed marketing”;

(b)

in paragraph (1), for “The Seeds Marketing Regulations” substitute “The following Regulations”;

(c)

paragraphs (2), (3), (4) and (5) are revoked;

(d)

in paragraph (6), sub-paragraphs (a) and (c) are revoked; and

(e)

in paragraph (7)—

(i)

sub-paragraph (a) is revoked in relation to England and Wales, and

(ii)

sub-paragraph (b) is revoked.

(7)

In Schedule 2 (distinctness, stability, sufficient uniformity and satisfactory value for cultivation and use), in Part 1, for paragraph 1A substitute—

“1A.

(1)

A plant variety of a conservation variety is regarded as distinct if it satisfies the characteristics referred to in—

(a)

the technical questionnaires associated with the test protocols listed in Annex I to Directive 2003/90 or Directive 2003/91 applicable to the species in question, or

(b)

the technical questionnaires of the test guidelines listed in Annex II to those Directives, applicable to the species in question.

(2)

In this paragraph—

(a)

“Directive 2003/90” means Commission Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species, as amended from time to time, and

(b)

“Directive 2003/91” means Commission Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species, as amended from time to time.”.

Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Elin Jones
Minister for Rural Affairs
One of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510) to implement in part Commission Directive 2009/145/EC (OJ No L 312, 27/11/2009, p. 44). Those Regulations make provision for the entry of varieties on to the National List, so that the seeds of those varieties can then be certified and marketed.

These Regulations provide that the simplified procedure for listing agricultural conservation varieties applies also in relation to vegetable conservation varieties and amateur vegetable varieties.

The remaining provisions of Commission Directive 2009/145/EC are implemented (in relation to England) by the Seed Marketing Regulations 2011 (S.I. 2011/463).

A transposition note is available from the Food and Environment Research Agency, Whitehouse Lane, Huntingdon Road, Cambridge CB3 OLF.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from that same address, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.