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

CHAPTER 4Retention of functions in Directive 2008/90/EC

Power to derogate in the event of temporary supply difficulties22

1

The appropriate authority may, by regulations, amend, supplement, revoke or derogate from the provisions of the Fruit Plant Marketing Regulations in the event of a temporary difficulty in the supply of fruit 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 in the supply of fruit plant material and the reasons for that difficulty;

b

the assessment has confirmed that—

i

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

ii

the derogations provide safeguards to address the risk to plant health arising from fruit plant material to which regulations under paragraph (1) will apply; and

c

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