The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1), (1A), (3), (4) and 36 of the Plant Varieties and Seeds Act 1964 and section 2(2) of the European Communities Act 1972.
Citation, commencement, extent and application1.
(1)
These Regulations may be cited as the Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 and come into force 21 days after the day on which these Regulations are laid.
(2)
These Regulations extend to England and Wales and apply in relation to England only.
The Marketing of Vegetable Plant Material Regulations 19952.
(1)
(2)
““EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants5;”.
(3)
In regulation 5—
(a)
the existing text becomes paragraph (1);
(b)
“(a)
at the place of production it was found, at least on visual inspection, to be practically free from all pests listed in relation to that plant material in the Annex to Directive 93/61/EEC;
(ab)
the quantity of any RNQP present on the plant material does not, at least on visual inspection, exceed the threshold set out in respect of that RNQP in the Annex to Directive 93/61/EEC;
(ac)
it is found, at least on visual inspection, to be practically free from any pests which reduce its usefulness and quality as plant material, other than those pests listed in the Annex to Directive 93/61/EEC in relation to that plant material;
(ad)
it complies with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs set out in the EU Plant Health Regulation and in the implementing acts adopted pursuant to that Regulation, including measures adopted pursuant to Article 30(1) of that Regulation”;
(c)
“(2)
In this regulation—
“protected zone quarantine pest” means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation;
“RNQP” means a Union regulated non-quarantine pest within the meaning given by Article 36 of the EU Plant Health Regulation;
“Union quarantine pest” means a pest within the meaning given by Article 4 of the EU Plant Health Regulation.”.
(4)
“6.
(1)
A producer must—
(a)
report to an inspector any plant material that fails to comply with the requirements of regulation 5(1)(a) or (ab);
(b)
immediately report to an inspector any plant material that shows the presence of a plant pest of a description specified in Annex 2 or 3 to the Phytosanitary Conditions Regulations and carry out any measures laid down by the inspector; and
(c)
keep plant material in lots of homogenous composition and origin during growing and lifting or removal from parent material.
(2)
In this regulation—
“the Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants6.”.
(5)
Omit regulations 7 and 8(5).
(6)
In regulation 9(4)(c), for “harmful organisms referred to in regulation 5(a)” substitute “pests referred to in regulations 5(1)(a), (ab) and 6(1)(b)”.
(7)
In regulation 11(4), for “5(a)” substitute “5(1)(a) to (ac)”.
The Marketing of Ornamental Plant Propagating Material Regulations 19993.
(1)
(2)
““Directive 93/49/EEC” means Commission Directive 93/49/EEC setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC;8
(3)
In regulation 4—
(a)
the existing text becomes paragraph (1);
(b)
“(ab)
have been found at the place of production to be practically free, at least on visual inspection, from all pests listed in the Annex to Directive 93/49/EEC in relation to that propagating material;
(ac)
be free, at least on visual inspection, from any RNQP in a quantity exceeding the thresholds set out in the Annex to Directive 93/49/EEC for the presence of that RNQP;
(ad)
be, at least on visual inspection, practically free from, and from any signs or symptoms of, any pests which reduce its usefulness or quality as propagating material, other than the pests listed in the Annex to Directive 93/49/EEC with regard to the respective propagating material;
(ae)
comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs set out in the implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.”;
(c)
“(2)
In this regulation—
“protected zone quarantine pest” means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation;
“RNQP” means a Union regulated non-quarantine pest within the meaning given by Article 36 of the EU Plant Health Regulation;
“Union quarantine pest” means a pest within the meaning given by Article 4 of the EU Plant Health Regulation.”.
(4)
Omit regulation 6A.
The Seed Marketing Regulations 20114.
(1)
(2)
Omit regulation 33A.
(3)
In Schedule 2—
(a)
“Part A1Introduction
InterpretationA1.
In this Schedule—
“EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
“protected zone quarantine pest” means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation;
“RNQP” means a Union regulated non-quarantine pest within the meaning given by Article 36 of the EU Plant Health Regulation;
“Union quarantine pest” means a pest within the meaning given by Article 4 of the EU Plant Health Regulation.”.
(b)
“(4)
The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(5)
The crop and the seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.”;
(c)
“(3)
The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(4)
The crop and seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.”;
(d)
“(4)
The crop and seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(4A)
The crop and seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.”.
The Seed Potatoes (England) Regulations 20155.
(1)
(2)
““Directive 2014/21/EU” means Commission Implementing Directive 2014/21/EU determining minimum conditions and Union Grades for pre-basic seed potatoes;11
(3)
In Schedule 1—
(a)
“(vi)
Colorado Beetle (Leptinotarsa decemlineata (Say));
(vii)
Potato Tuber Eelworm (Ditylenchus destructor (Thorne));
(viii)
Candidatus Liberibacter solanacearum Liefting et al.; and
(ix)
Candidatus Phytoplasma solani Quaglino et al;”;
(b)
in paragraph 8, in the words after sub-paragraph (b)(iii), omit “prevalent in Europe”;
(c)
in paragraph 11, in the words after sub-paragraph (b)(ii), omit “prevalent in Europe”.
(4)
In Schedule 3—
(a)
in the table in each of Parts 1, 2 and 3, in column 1—
(i)
under the heading “Group II”, for the words from “Blackleg” to “et al or both” substitute “Blackleg (Dickeya Samson et al. spp. or Pectobacterium Waldee emend. Hauben et al. spp. or both”;
(ii)
under the heading “Group IV”, for “Black scurf (Rhizictonia solani Kuhn)” substitute “Black scurf as caused by Thanatephorus cucumeris (A.B. Frank) Donk”;
(b)
“Candidatus Liberibacter solanacearum Liefting et al
Nil
Candidatus Phytoplasma solani Quaglino et al
Nil”;
(c)
“Candidatus Liberibacter solanacearum Liefting et al
Nil
-
-
Candidatus Phytoplasma solani Quaglino et al
Nil
-
-”;
(d)
“Candidatus Liberibacter solanacearum Liefting et al
Nil
-
Candidatus Phytoplasma solani Quaglino et al
Nil
-”.
(5)
In Part 1 of Schedule 4, in table 1—
(a)
in the entry for Union grade “PBTC”, in the second column—
(i)
in paragraph (1)(a)(i), after “Dickeya spp.,” insert “Candidatus Liberibacter solanacearum, Candidatus Phytoplasma solani, Potato spindle tuber viroid,”;
(ii)
in paragraph (1)(b)(i), at the beginning insert “Candidatus Liberibacter solanacearum, Candidatus Phytoplasma solani, Potato spindle tuber viroid, ”;
(b)
in the entry for Union grade “PB”, in the second column—
(i)
in paragraph (1)(a)(ii), after “Dickeya spp.,” insert “Candidatus Liberibacter solanacearum, Candidatus Phytoplasma solani, Potato spindle tuber viroid,”;
(ii)
in paragraph (2)(i) at the beginning insert “Candidatus Liberibacter solanacearum, Candidatus Phytoplasma solani, Potato spindle tuber viroid, ”.
(6)
In Schedule 5, in paragraph 3(f)(ii), omit “prevalent in Europe”.
The Marketing of Fruit Plant and Propagating Material (England) Regulations 20176.
(1)
(2)
““RNQP” means a Union regulated non-quarantine pest within the meaning given by Article 36 of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;”.
(3)
““Directive 2014/98/EU” means Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections13.”.
(4)
“Suppliers: notification requirements14A.
(1)
A supplier must immediately report to an inspector—
(a)
plant material that shows the presence of any RNQP listed in Annex 1 or 2 to Directive 2014/98/EU;
(b)
the presence in the soil of any RNQP listed in Annex 3 to Directive 2014/98;
(c)
the presence of any RNQP at the production site at a level greater than the tolerance specified for such organism in Annex 4 to Directive 2014/98; or
(d)
plant material that shows the presence of any pest listed in Annex 2 or 3 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants.
(2)
Where a supplier has reported to an inspector plant material referred to in paragraph (1)(d), the supplier must carry out any measures laid down by the inspector.”.
(5)
In regulation 15(1)(g)—
(a)
in paragraph (i), omit “Part I of”;
(b)
omit paragraph (ii);
(c)
in paragraph (iii), for “Annex 2, 3 or 4” substitute “Annex 2 or 3”;
(d)
“(iv)
any RNQP listed in Annex 3 to Directive 2014/98, where present in the soil; and
(v)
any RNQP at a level greater than the tolerance specified for that RNQP in Annex 4 to Directive 2014/98.”.
(6)
In Schedule 1—
(a)
“(c)
complies with health requirements in paragraph 4;
(d)
complies with requirements concerning defects in paragraph 5; and
(e)
complies with production site requirements in paragraph 6”;
(b)
“(b)
complies with health requirements in paragraph 4;
(c)
complies with requirements concerning defects in paragraph 5; and
(d)
complies with production site requirements in paragraph 6”;
(c)
“(1)
CAC material must be found, on visual inspection by the supplier at the stage of production, to be practically free from the RNQPs listed in Annex 1 or 2 to Directive 2014/98/EU in relation to the genus or species concerned, unless stated otherwise in Annex 4 to that Directive.
(2)
The supplier must sample and test the identified source of material or CAC material—
(a)
in cases of doubt as to the presence of any RNQP listed in Annex 1 to Directive 2014/98/EU, for such pests;
(b)
for the RNQPs listed in Annex 2 to Directive 2014/98/EU, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.
(3)
CAC material must be found after production, on visual inspection by the supplier, to be free from signs or symptoms of any RNQP listed in Annex 1 or 2 to Directive 2014/98/EU.
(4)
Visual inspections and sampling and testing must be conducted in accordance with the requirements specified in Annex 4 to Directive 2014/98/EU in relation to the genus or species concerned, and category.
(5)
But paragraphs (1) to (3) do not apply to CAC material during cryopreservation.”.
(d)
“Requirements concerning production site6.
CAC material must be produced in accordance with the requirements for the production site, place of production or area set out in Annex 4 to Directive 2014/98/EU and specified in relation to the genus or species concerned.”.
(7)
In Schedule 5—
(a)
“(g)
complies with the production site requirements in paragraph 12A.”;
(b)
in paragraphs 5(1)(a) and 6, for “12” substitute “12A”;
(c)
in paragraph 10—
(i)
“(1)
A pre-basic mother plant or pre-basic material must be found to be free from any RNQP listed in Annex 1 or 2 to Directive 2014/98/EU in relation to the genus or species concerned, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.
(2)
An inspector and, where appropriate, the supplier must sample and test the pre-basic mother plant or pre-basic material—
(i)
in cases of doubt as to the presence of any RNQP listed in Annex 1 to Directive 2014/98/EU, for such pests;
(ii)
for the RNQPs listed in Annex 2 to Directive 2014/98/EU, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.”;
(ii)
“(4)
Compliance with sub-paragraph (1) is established by visual inspection by an inspector and, where appropriate, the supplier.”;
(d)
“Requirements concerning production site12A.
Pre-basic mother plants and pre-basic material must be produced in accordance with the requirements for the production site, place of production or area set out in Annex 4 to Directive 2014/98/EU and specified in relation to the genus or species concerned.”;
(e)
“(g)
has been maintained in accordance with paragraph 18;
(h)
where appropriate, has been multiplied in accordance with paragraph 19; and
(i)
has been produced in accordance with the production site requirements in paragraph 12A”;
(f)
in paragraph 14(3), for “(h)” substitute “(i)”;
(g)
in paragraph 16—
(i)
“(1)
A basic mother plant or basic material must be found to be free from any RNQP listed in Annex 1 or 2 to Directive 2014/98/EU in relation to the genus or species concerned, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.
(2)
An inspector and, where appropriate the supplier, must sample and test the basic mother plant or basic material—
(a)
in cases of doubt as to the presence of any RNQP listed in Annex 1 to Directive 2014/98/EU, for such pests;
(b)
for the RNQPs listed in Annex 2 to Directive 2014/98/EU, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.”;
(ii)
“(4)
Compliance with sub-paragraph (1) is established by visual inspection by an inspector and, where appropriate, the supplier.”;
(h)
in paragraph 20—
(i)
“(e)
complies with the health requirements in paragraph 22;
(f)
is grown in soil that is found by sampling and testing to comply with paragraph 23; and
(g)
complies with the production site requirements in paragraph 12A.”;
(ii)
in sub-paragraph (4), in the words before paragraph (a), for “(f)” substitute “(g)”;
(i)
in paragraph 22—
(i)
“(1)
A certified mother plant or certified material must be found to be free from any RNQP listed in Annex 1 or 2 to Directive 2014/98/EU in relation to the genus or species concerned, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.
(2)
An inspector and, where appropriate, the supplier must sample and test the certified mother plant or certified material—
(a)
in cases of doubt as to the presence of any RNQP listed in Annex 1 to Directive 2014/98/EU, for such pests;
(b)
for the RNQPs listed in Annex 2 to Directive 2014/98/EU, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.”;
(ii)
in sub-paragraph (4), for the words from “paragraphs (1)” to the end substitute “paragraph (1) by visual inspection”;
(j)
in paragraph 23(4)(a), at the beginning insert “unless otherwise stated,”.
These Regulations implement Commission Implementing Directive (EU) 2020/177 amending Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/55/EC, 2002/56/EC and 2002/57/EC, Commission Directives 93/49/EEC and 93/61/EEC and Implementing Directives 2014/21/EU and 2014/98/EU as regards pests of plants on seeds and other plant reproductive material (OJ No. L 41, 13.2.2020, p.1).
These Regulations, which apply in relation to England, amend the following Regulations (“the Marketing Regulations”)—
the Marketing of Vegetable Plant Material Regulations 1995 (S.I. 1995/2652) (“the 1995 Regulations”),
the Marketing of Ornamental Plant Propagating Material Regulations 1999 (S.I. 1999/1801) (“the 1999 Regulations”),
the Seed Marketing Regulations 2011 (S.I. 2011/463) (“the 2011 Regulations”),
the Seed Potatoes (England) Regulations 2015 (S.I. 2015/1953) (“the 2015 Regulations”), and
the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 (S.I. 2017/595) (“the 2017 Regulations”).
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) (“Council Directive 2008/72/EC”) 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 Directive 92/33/EEC (OJ No. L 250, 7.10.1993, p.19).
The 1999 Regulations implement Council Directive 98/56/EC on the marketing of propagating material of ornamental plants (OJ No. L 226, 13.8.1998, p.16) and Commission Directive 93/49/EEC setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC (OJ No. L 250, 7.10.1993, p.9).
The 2011 Regulations implement various EU instruments, in particular Council Directive 66/401/EEC on the marketing of fodder plant seed (OJ No. L 125, 11.7.1966, p.2298), Council Directive 66/402/EEC on the marketing of cereal seed (OJ No. L 125, 11.7.1966, p.2309), Council Directive 2002/55/EC on the marketing of vegetable seed (OJ No. L 193, 20.7.2002, p.33) and Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants (OJ No. L 193, 20.7.2002, p.74).
The 2015 Regulations implement various EU instruments, in particular Council Directive 2002/56/EC on the marketing of seed potatoes (OJ No. L 193, 20.7.2002, p.60) and Commission Implementing Directive 2014/21/EU determining minimum conditions and Union grades for pre-basic seed potatoes (OJ No. L 38, 7.2.2014, p.39).
The 2017 Regulations implement various EU instruments, in particular Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ No. L 267, 8.10.2008, p.8) (“Council Directive 2008/90/EC”) and Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections (OJ No. L298, 16.10.2014, p.22).
These Regulations amend provisions in the Marketing Regulations to require seed, plants and plant propagating material (“plant material”) intended for marketing in England to be practically free from regulated non-quarantine pests at the place of production and for the presence of such pests on plant material not to exceed specified thresholds.
Regulation 2(4) also amends the 1995 Regulations to ensure correct implementation of Council Directive 2008/72/EC.
Regulation 4(2) removes the requirement for the Secretary of State to review the operation and effect of the Seed Marketing Regulations 2011.
Regulation 6(4) also amends the 2017 Regulations to ensure correct implementation of Council Directive 2008/90/EC.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum and transposition note will be published alongside this instrument on www.legislation.gov.uk.