Explanatory note

These Regulations amend the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 (“the Fruit Marketing Regulations”).

Regulation 3 inserts a definition of “marketing” into regulation 2 of the Fruit Marketing Regulations.

Regulation 4 amends the interpretation of the Fruit Marketing Regulations to include modifications to 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 (“2014/98/EU”). The modifications to 2014/98/EU are included at a new Schedule 6 to the Fruit Marketing Regulations. Regulation 4 also gives effect to Schedule 6. Regulation 8 inserts Schedule 6 to the Fruit Marketing Regulations. The modifications in Schedule 6 ensure that taxonomic names, categorisations of pests and requirements for the places of production are up to date and consistent with recent developments and the ongoing assessment of risk.

Regulation 5 removes the duty to carry out a regulatory review at regulation 31 of the Fruit Marketing Regulations.

Regulation 6 amends Schedule 2, Part 2 of the Fruit Marketing Regulations to require an official label accompanying CAC categories to state whether the variety is genetically modified and list the genetically modified organisms.

Regulation 7 amends Schedule 5, Part 2, paragraph 4(2)(b) of the Fruit Marketing Regulations to amend the incorrect usage of the word “variety”.

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.