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

CHAPTER 3Retention of functions in Directive 2008/72/EC

Power to derogate in the event of temporary supply difficulties18

1

The appropriate authority may, by regulations, amend, supplement, revoke or derogate from the provisions of the Marketing of Vegetable Plant Material Regulations 199526 in the event of a temporary difficulty affecting the supply of vegetable plant material.

2

But regulations may only be made under paragraph (1) where—

a

the appropriate authority has carried out an assessment that has taken account of available information regarding the temporary difficulty affecting the supply of vegetable plant material and the reasons for that difficulty;

b

the assessment has confirmed that—

i

there is a temporary difficulty affecting the supply of vegetable plant material in the United Kingdom; and

ii

the derogations provide safeguards to address any risk to plant health arising from vegetable plant material in relation to which the derogations apply; and

c

the assessment has been approved by the Secretary of State, the Welsh Ministers and the Scottish Ministers.