The Vegetable Plant Material and Seed (Miscellaneous Amendments) Regulations 2020

Statutory Instruments

2020 No. 579

Agriculture

Plant Health, England

Seeds

The Vegetable Plant Material and Seed (Miscellaneous Amendments) Regulations 2020

Made

at 10.33 a.m. on 9th June 2020

Laid before Parliament

at 2.30 p.m. on 9th June 2020

Coming into force

1st July 2020

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to the common agricultural policy(2).

The Secretary of State has consulted representatives of such interests as appear to him to be concerned in accordance with section 16(1) of the Plant Varieties and Seeds Act 1964(3).

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1) and (1A) of the Plant Varieties and Seeds Act 1964 and section 2(2) of the European Communities Act 1972(4).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Vegetable Plant Material and Seed (Miscellaneous Amendments) Regulations 2020 and come into force on 1st July 2020.

(2) Regulation 2 applies in relation to England only.

Amendment of the Marketing of Vegetable Plant Material Regulations 1995

2.—(1) The Marketing of Vegetable Plant Material Regulations 1995(5) are amended as follows.

(2) In regulation 2—

(a) for the definition of “Directive 93/61/EEC” substitute—

““Directive 93/61/EEC” means Commission Directive 93/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material other than seed pursuant to Directive 92/33/EEC(6);”;

(b) for the definition of “Directive 2008/72/EC” substitute—

““Directive 2008/72/EC” means Council Directive 2008/72/EC on the marketing of vegetable propagating and planting material, other than seed(7);”.

Amendment of the Seeds (National Lists of Varieties) Regulations 2001

3.—(1) The Seeds (National Lists of Varieties) Regulations 2001(8) are amended as follows.

(2) In regulation 2, for the definition of “the Vegetable Seed Marketing Directive” substitute—

““the Vegetable Seed Marketing Directive” means Council Directive 2002/55/EC on the marketing of vegetable seed(9).”.

(3) In Schedule 1—

(a) in Part 1, for the table in paragraph 2 substitute—

“Name	Common name
Allium cepa L.	–
—Cepa Group	Onion, Echalion
—Aggregatum Group	Shallot
Allium fistulosum L.	Japanese bunching onion or Welsh onion
—all varieties
Allium porrum L.	Leek
—all varieties
Allium sativum L.	Garlic
—all varieties
Allium schoenoprasum L.	Chives
—all varieties
Apium graveolens L.	–
—Celery Group	–
—Celeriac Group	–
Asparagus officinalis L.	Asparagus
—all varieties
Beta vulgaris L.	–
—Garden Beet Group	Beetroot including Cheltenham beet
—Leaf Beet Group	Spinach beet or Chard
Brassica oleracea L.	–
—Kale Group	–
—Cauliflower Group	–
—Capitata Group	Red cabbage and White cabbage
—Brussel Sprouts Group	–
—Kohlrabi Group	–
—Savoy Cabbage Group	–
—Broccoli Group	Calabrese type and Sprouting type
—Palm Kale Group	–
—Tronchuda Group	Portuguese cabbage
Brassica rapa L.	–
—Chinese Cabbage Group	–
—Vegetable Turnip Group	–
Cichorium endivia L.	Endive
—all varieties
Cucumis melo L.	Melon
—all varieties
Cucumis sativus L.	–
—Cucumber Group	–
—Gherkin Group	–
Cucurbita maxima Duchesne	Gourd
—all varieties
Cucurbita pepo L.	Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash
—all varieties
Daucus carota L.	Carrot and Fodder Carrot
—all varieties
Lactuca sativa L.	Lettuce
—all varieties
Solanum lycopersicum L.	Tomato
—all varieties
Petroselinum crispum (Mill.) Nyman ex A. W. Hill	–
—Leaf Parsley Group	–
—Root Parsley Group	–
Phaseolus coccineus L.	Runner bean
—all varieties
Phaseolus vulgaris L.	–
—Dwarf French Bean Group	–
—Climbing French Bean Group	–
Pisum sativum L.	–
—Round Pea Group	–
—Wrinkled Pea Group	–
—Sugar Pea Group	–
Raphanus sativus L.	–
—Radish Group	–
—Black Radish Group	–
Rheum rhabarbarum L.	Rhubarb
—all varieties
Spinacia oleracea L.	Spinach
—all varieties
Vicia faba L.	Broad bean
—all varieties
Zea mays L.	–
—Sweet Corn Group	–
—Popcorn Group	–”;

(b) in Part 2—

(i) in paragraph 1, under the sub-heading “Vegetable species”, for the table substitute—

“Name	Common name
None”;

(ii) in paragraph 2, under the sub-heading “Vegetable species”, for the table substitute—

“Name	Common name
Anthriscus cerefolium (L.) Hoffm.	Chervil
—all varieties
Capsicum annuum L. —all varieties	Chilli or Pepper
Cichorium intybus L.	–
—Witloof Chicory Group	–
—Leaf Chicory Group	(Large-leaved chicory or Italian chicory)
—Industrial (Root) Chicory Group	–
Citrullus lanatus (Thunb.) Matsum. et Nakai	Watermelon
—all varieties
Cynara cardunculus L.	–
—Globe Artichoke Group	–
—Cardoon Group	–
Foeniculum vulgare Mill.	Fennel
—Azoricum Group	–
Scorzonera hispanica L.	Scorzonera or Black salsify
—all varieties
Solanum melongena L.	Aubergine or Eggplant
—all varieties
Valerianella locusta (L.) Laterr.	Corn salad or Lamb’s lettuce
—all varieties”;

(iii) in paragraph 3, for the sub-heading “Vegetable Species” and the table beneath that sub-heading substitute—

“Vegetable species

Name	Common name
Allium cepa L.	–
—Aggregatum Group	Shallot
Allium fistulosum L.	Japanese bunching onion or Welsh onion
—all varieties
Allium sativum L.	Garlic
—all varieties
Allium schoenoprasum L.	Chives
—all varieties
Rheum rhabarbarum L.	Rhubarb
—all varieties”.

Amendment of the Seed Marketing Regulations 2011

4.—(1) The Seed Marketing Regulations 2011(10) are amended as follows.

(2) In Schedule 1, in the table, for the sub-heading “Vegetables” and the entries beneath that sub-heading substitute—

“Vegetables
Allium cepa L.	–
—Cepa Group	Onion, Echalion
Allium porrum L.	Leek
—all varieties
Apium graveolens L.	–
—Celery Group	–
—Celeriac Group	–
Asparagus officinalis L.	Asparagus
—all varieties
Beta vulgaris L.	–
—Garden Beet Group	Beetroot including Cheltenham beet
—Leaf Beet Group	Spinach beet or Chard
Brassica oleracea L.	–
—Kale Group	–
—Cauliflower Group	–
—Capitata Group	Red cabbage and White cabbage
—Brussel Sprouts Group	–
—Kohlrabi Group	–
—Savoy Cabbage Group	–
—Broccoli Group	Calabrese type and Sprouting type
—Palm Kale Group	–
—Tronchuda Group	Portuguese cabbage
Brassica rapa L.	–
—Chinese Cabbage Group	–
—Vegetable Turnip Group	–
Cichorium endivia L.	Endive
—all varieties
Cucumis melo L.	Melon
—all varieties
Cucumis sativus L. —Cucumber Group —Gherkin Group	– – –
Cucurbita maxima Duchesne	Gourd
—all varieties
Cucurbita pepo L.	Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash
—all varieties
Daucus carota L.	Carrot and Fodder Carrot
—all varieties
Lactuca sativa L.	Lettuce
—all varieties
Solanum lycopersicum L.	Tomato
—all varieties
Petroselinum crispum (Mill.) Nyman ex A. W. Hill	–
—Leaf Parsley Group	–
—Root Parsley Group	–
Phaseolus coccineus L.	Runner bean
—all varieties
Phaseolus vulgaris L.	–
—Dwarf French Bean Group	–
—Climbing French Bean Group	–
Pisum sativum L.	–
—Round Pea Group	–
—Wrinkled Pea Group	–
—Sugar Pea Group	–
Raphanus sativus L.	–
—Radish Group	–
—Black Radish Group	–
Spinacia oleracea L.	Spinach
—all varieties
Vicia faba L.	Broad bean
—all varieties
Zea mays L.	–
—Sweet Corn Group	–
—Popcorn Group	–
Any hybrid of the vegetable species or Groups listed above”.

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

At 10.33 a.m. on 9th June 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend—

• the Marketing of Vegetable Plant Material Regulations 1995 (S.I. 1995/2652) (in relation to England only) (“the 1995 Regulations”);

• the Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510) (“the 2001 Regulations”); and

• the Seed Marketing Regulations 2011 (S.I. 2011/463) (“the 2011 Regulations”).

These Regulations implement Commission Implementing Directive (EU) 2019/990 amending the list of genera and species in Article 2(1)(b) of Council Directive 2002/55/EC, in Annex II to Council Directive 2008/72/EC and in the Annex to Commission Directive 93/61/EEC (OJ No. L 160, 18.6.2019, p.14) (“the 2019 Directive”). They also implement Commission Implementing Directive (EU) 2020/432 amending Council Directive 2002/55/EC with regard to the definition of vegetables and the list of genera and species in Article 2(1)(b) (OJ No. L 88, 24.3.2020, p.3) (“the 2020 Directive”), superseding the amendments made by the 2019 Directive.

The 1995 Regulations implement Council Directive 2008/72/EC on the marketing of vegetable propagating and planting material, other than seed (OJ No. L 205, 1.8.2008, p.28), and Commission Directive 93/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to Council Directive 2008/72/EC (OJ No. L 250, 7.10.1993, p.19). The 2001 Regulations implement those elements of Council Directive 2002/55/EC on the marketing of vegetable seed (OJ No. L 193, 20.7.2002, p.33) which require Member States to establish national lists of vegetable varieties. The 2011 Regulations implement Council Directive 2002/55/EC on the marketing of vegetable seed.

Regulations 2 and 3 update definitions in the 1995 Regulations and the 2001 Regulations to ensure that references to Directives 2008/72/EC, 93/61/EEC and 2002/55/EC refer to those Directives as amended by the 2019 Directive and the 2020 Directive respectively(11).

Regulation 3 also amends the list of vegetable species on the national list and the lists of derogated vegetable species in Schedule 1 to the 2001 Regulations. It makes provision for the species Cichorium intybus L. to be excluded from the requirement to provide a national list and restrict marketing, in the light of Article 1(6) of Commission Implementing Decision (EU) 2017/478 (OJ No. L 73, 18.3.2017, p.29) which released the United Kingdom from the obligation to apply Directive 2002/55/EC to certain species identified in Part 6 of the Annex to that Decision.

Regulation 4 amends the list of vegetable plants and their associated common names in Schedule 1 to the 2011 Regulations (seed to which the Regulations apply) to make explicit where all varieties of a species are included and where only certain varieties of a species are included. It also provides for the application of the 2011 Regulations to hybrids of the species and Groups of vegetable plants listed.

The explanatory memorandum and transposition note in respect of these Regulations are available in hard copy from the Plant Varieties and Seeds Team, Department for Environment, Food and Rural Affairs, 1st floor, Eastbrook, Shaftesbury Road, Cambridge CB2 8DR, and published alongside these Regulations on www.legislation.gov.uk. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

(2)

S.I. 1972/1811, to which there are amendments not relevant to these Regulations.

(3)

1964 c. 14. Subsection 16(1A) was inserted by section 4 of, and paragraph 5 of Schedule 4 to, the European Communities Act 1972. See section 38(1) for the definition of “the Minister”. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) of the 1972 Act and under the Plant Varieties and Seeds Act 1964 was transferred to the Secretary of State by article 2 of S.I. 2002/794.

(4)

Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales. The Secretary of State’s power, as a Minister so designated, to make regulations which extend to Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.

(5)

S.I. 1995/2652, amended by S.I. 2014/487; there are other amending instruments but none is relevant.

(6)

OJ No. L 250, 7.10.1993, p.19, as last amended by Commission Implementing Directive (EU) 2020/177 (OJ No. L 41, 13.2.2020, p.1).

(7)

OJ No. L 205, 1.8.2008, p.28, as last amended by Commission Implementing Directive (EU) 2019/990 (OJ No. L 160, 18.6.2019, p.14).

(8)

S.I. 2001/3510; relevant amending instruments are S.I. 2004/2949 and 2018/942; amended prospectively on IP completion day by S.I. 2019/162.

(9)

OJ No. L 193, 20.7.2002, p.33, as last amended by Commission Implementing Directive (EU) 2020/432 (OJ No. L 88, 24.3.2020, p.3).

(10)

S.I. 2011/463; amended by S.I. 2014/487; there are other amending instruments but none is relevant.

(11)

See sections 20A and 23(1) of the Interpretation Act 1978 (c. 30).