2020 No. 601 (W. 138)
Plant Health, Wales
Seeds, Wales

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

Made
Laid before Senedd Cymru
Coming into force
The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to the common agricultural policy2.
The Welsh Ministers have consulted representatives of such interests as appear to them to be concerned in accordance with section 16(1) of the Plant Varieties and Seeds Act 19643.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 16(1) and (1A) of the Plant Varieties and Seeds Act 1964 and section 2(2) of the European Communities Act 1972.

Title, application and commencement1.

The title of these Regulations is the Vegetable Plant Material and Seed (Miscellaneous Amendments) (Wales) Regulations 2020, they apply in relation to Wales and come into force on 10 July 2020.

Amendment of the Marketing of Vegetable Plant Material Regulations 19952.

(1)

The Marketing of Vegetable Plant Material Regulations 19954 are amended as follows.

(2)

In regulation 2(1)—

(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/EEC5;”;

(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 seed6;”.

Amendment of the Seed Marketing (Wales) Regulations 20123.

(1)

The Seed Marketing (Wales) Regulations 20127 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”.

Lesley Griffiths
Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers
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 Wales only) (“the 1995 Regulations”), and

  • the Seed Marketing (Wales) Regulations 2012 (S.I. 2012/245) (W. 39) (“the 2012 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”).

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 2012 Regulations implement Council Directive 2002/55/EC on the marketing of vegetable seed.

Regulation 2 updates definitions in the 1995 Regulations to ensure that references to Directives 2008/72/EC and 93/61/EEC refer to those Directives as amended by the 2019 Directive (see section 26 of the Legislation (Wales) Act 2019 (anaw 4)).

Regulation 3 amends the list of vegetable plants and their associated common names in Schedule 1 to the 2012 Regulations (seed to which these 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 2012 Regulations to hybrids of the species and groups of vegetable plants listed.

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.