2014 No. 519 (W. 61)
Seeds, Wales

The Seeds and Vegetable Plant Material (Nomenclature Changes) (Wales) Regulations 2014

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers are designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the common agricultural policy of the European Union.
The Welsh Ministers make these Regulations in exercise of the powers conferred on them by sections 16(1), (1A), (2), (3), (4), (5) and (5A) and 36 of the Plant Varieties and Seeds Act 19643, after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to be concerned.
The Welsh Ministers make these Regulations in exercise of the powers conferred on them by section 2(2) of, and paragraph 1A of Schedule 2 to the European Communities Act 19724.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the reference in these Regulations to Annex II to Council Directive 2008/72/EC5 on the marketing of vegetable propagating and planting material, other than seed to be construed as a reference to that Annex as amended from time to time.

Title, application and commencement1.

(1)

The title of these Regulations is the Seeds and Vegetable Plant Material (Nomenclature Changes) (Wales) Regulations 2014.

(2)

They apply in relation to Wales and come into force on 31 March 2014.

Amendment of the Seed Marketing (Wales) Regulations 20122.

(1)

The Seed Marketing (Wales) Regulations 20126 are amended as follows.

(2)

In column 1 (Plants to which the Regulations apply) of Schedule 1 (Seed to which these Regulations apply) for “Lycopersiconesculentum Mill”, substitute—

“Solanum lycopersicum L.”.

Amendment of the Marketing of Vegetable Plant Material Regulations 19953.

(1)

The Marketing of Vegetable Plant Material Regulations 19957 are amended in relation to Wales as follows.

(2)

In regulation 2 (Interpretation)—

(a)

Omit the definition of “Directive 92/33/EEC”;

(b)

After the definition of “Directive 93/61/EEC”, insert—

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

(3)

In regulation 3(1) (Plant material to which these Regulations apply), for sub-paragraphs (a) and (b) substitute—

“(a)

plant material of the genera and species set out in Annex II as amended from time to time, to Directive 2008/72/EC and their hybrids; and

(b)

rootstocks and other parts of plants of other genera or species and their hybrids if plant material of a genus or species set out in Annex II, as amended from time to time, to Directive 2008/72/EC or of a hybrid of such a genus or species is or is to be grafted on to them.”.

(4)

In regulation 5(d) (Quality requirements for plant material), for sub-paragraph (ii) substitute—

“(ii)

it belongs to a variety officially accepted in a member State in accordance with Article 9 of Directive 2008/72/EC; and”.

Alun Davies
one of the Welsh Ministers
Minister for Natural Resources and Food,
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Seed Marketing (Wales) Regulations 2012 (S.I 2012/245 (W.39)) and the Marketing of Vegetable Plant Material Regulations 1995 (S.I. 1995/2652) (“the Vegetable Plant Regulations”) in relation to Wales.

These Regulations implement Commission Implementing Directive 2013/45/EU (OJ No L 213, 8.8.2013 p.20) which amends Directive 2002/55/EC (OJ No L 193, 20.7.2002, p.33), Directive 2008/72/EC (OJ No L 205, 1.8.2008, p.28) and Directive 2009/145/EC (OJ No L 312, 27.11.2009, p.44) as regards the botanical name of tomato to reflect revisions to the International Code of Botanical Nomenclature.

Directive 92/33/EEC (OJ No L 157, 10.6.1992, p.1) has been repealed by Directive 2008/72/EC on the marketing of vegetable propagating and planting material, other than seed. The Vegetable Plant Regulations are amended to reflect this repeal and now apply to plant material of the genera and species listed in Annex II as amended from time to time to Directive 2008/72/EC.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.