PART 5

Functions relating to third country equivalence and the marketing of seed, plant and plant propagating material in Directives 66/401/EEC, 66/402/EEC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC

Meaning of “the appropriate authority”24

1

In this Part, “the appropriate authority”, in relation to an authorisation, means—

a

in relation to England, the Secretary of State;

b

in relation to Wales, the Welsh Ministers;

c

in relation to Scotland, the Scottish Ministers.

2

But “the appropriate authority” is the Secretary of State if consent is given—

a

in the case of an authorisation in relation to Wales, by the Welsh Ministers;

b

in the case of an authorisation in relation to Scotland, by the Scottish Ministers.

General interpretation25

In this Part—

  • “agricultural seed” means seed intended to be used for agricultural or horticultural production, of the plants listed—

    1. a

      in relation to England, in the first column of the table in Schedule 1 to the Seed Marketing Regulations 201128;

    2. b

      in relation to Wales, in the first column of the table in Schedule 1 to the Seed Marketing (Wales) Regulations 201229;

    3. c

      in relation to Scotland, in—

      1. i

        Schedule 1 to the Vegetable Seeds Regulations 199330;

      2. ii

        Schedule 1 to the Oil and Fibre Plant Seed (Scotland) Regulations 200431;

      3. iii

        Schedule 1 to the Cereal Seed (Scotland) Regulations 200532;

      4. iv

        Schedule 1 to the Fodder Plant Seed (Scotland) Regulations 200533;

      5. v

        Schedule 1 to the Beet Seed (Scotland) (No. 2) Regulations 201034;

  • “forest reproductive material” has the meaning given in regulation 2 of the Forest Reproductive Material (Great Britain) Regulations 200235;

  • “OECD Seed Scheme” means any of the schemes established by the Organisation for Economic Cooperation and Development for the varietal certification or the control of seed moving in international trade for—

    1. a

      grasses and legumes;

    2. b

      crucifers and other oil or fibre species;

    3. c

      cereals;

    4. d

      maize;

    5. e

      sorghum;

    6. f

      beet; and

    7. g

      vegetables;

  • “OECD Forest Scheme” means the scheme established by the Organisation for Economic Cooperation and Development for the certification of forest reproductive material moving in international trade;

  • “plant material” means agricultural seed, forest reproductive material and seed potatoes;

  • “relevant legislation” means—

    1. a

      the Forest Reproductive Material (Great Britain) Regulations 200236;

    2. b

      in relation to England—

      1. i

        the Seed Marketing Regulations 201137;

      2. ii

        the Seed Potatoes (England) Regulations 201538;

    3. c

      in relation to Wales—

      1. i

        the Seed Marketing (Wales) Regulations 201239;

      2. ii

        the Seed Potatoes (Wales) Regulations 201640;

    4. d

      in relation to Scotland—

      1. i

        the Vegetable Seeds Regulations 199341;

      2. ii

        the Oil and Fibre Plant Seed (Scotland) Regulations 200442;

      3. iii

        the Cereal Seed (Scotland) Regulations 200543;

      4. iv

        the Fodder Plant Seed (Scotland) Regulations 200544;

      5. v

        the Beet Seed (Scotland) (No. 2) Regulations 201045;

      6. vi

        the Seed Potatoes (Scotland) Regulations 201546;

  • “seed potatoes” has the meaning given—

    1. a

      in relation to England, by regulation 2 of the Seed Potatoes (England) Regulations 2015;

    2. b

      in relation to Wales, by regulation 2 of the Seed Potatoes (Wales) Regulations 2016;

    3. c

      in relation to Scotland, by regulation 2 of the Seed Potatoes (Scotland) Regulations 2015.

Power to recognise the equivalence of plant material measures adopted by countries outside the British Islands26

1

The appropriate authority may authorise the marketing of plant material from any country outside the British Islands if satisfied—

a

that the plant material produced in that country has been produced under conditions equivalent to the requirements in the relevant legislation relating to the plant material concerned; and

b

in relation to plant material other than forest reproductive material, that the official checks on practices for the maintenance of varieties for the plant material concerned carried out in that country afford the same guarantees as those carried out under the Seeds (National Lists of Varieties) Regulations 200147.

2

The appropriate authority may only give an authorisation under paragraph (1) where—

a

the appropriate authority has made an assessment of the legislation of the country concerned;

b

the appropriate authority has made an assessment of the practices of the competent authority of the country concerned, including as regards the certification, inspection and examination of the plant material;

c

in relation to agricultural seed, the country concerned is a member of the relevant OECD Seed Scheme;

d

in relation to forest reproductive material, unless such material is not available from any country that is a member of the OECD Forest Scheme, the country concerned is a member of that Scheme.

3

An authorisation given under paragraph (1)—

a

must be based on assessments that have been approved by the Secretary of State, the Welsh Ministers and the Scottish Ministers;

b

must be in writing;

c

may be subject to conditions; and

d

may be amended, suspended or revoked by notice.