PART 4Functions relating to the marketing of seed, plant and plant propagating material

CHAPTER 2Retention of functions in Directive 98/56/EC

Power to set conditions with which ornamental plant material must comply13

1

The appropriate authority may, by regulations—

a

amend provision in any enactment which gave effect to provisions made by Article 3 of, and the Annex to, Directive 93/49/EEC;

b

make provision requiring (whether by amending an enactment, or otherwise) a reference to Article 3 of, and the Annex to, Directive 93/49/EEC to be read as a reference to that Article and Annex subject to modifications.

2

But the appropriate authority may exercise the power in paragraph (1) only to the extent that the appropriate authority considers it is necessary or appropriate—

a

in the light of developments in scientific or technical knowledge, production techniques or agronomic practices;

b

to address concerns relating to the quality of ornamental plant material;

c

due to the economic importance of the ornamental plant material; or

d

for consistency with international standards for pests and diseases affecting the quality of ornamental plant material.

Power to set labelling and document requirements for plant material14

1

The appropriate authority may, by regulations, amend provision in any enactment which gave effect to provision made by Article 8(3) of Directive 98/56/EC.

2

But the appropriate authority may exercise the power in paragraph (1) only to the extent that the appropriate authority considers it—

a

necessary or appropriate to do so in the light of market conditions; or

b

necessary to do so to ensure traceability of ornamental plant material.