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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

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 Wales, 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 (Wales) Regulations 2012 (S.I. 2012/245) (W. 39) (“the 2012 Regulations”),

  • the Seed Potatoes (Wales) Regulations 2016 (S.I. 2016/106) (W. 52) (“the 2016 Regulations”), and

  • the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 (S.I. 2017/691) (W. 163) (“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 2012 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 2016 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. L 298, 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 Wales 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 5(4) also amends the 2016 Regulations to correct formatting errors in the tables in Parts 2 and 3 of Schedule 3 to the 2016 Regulations.

Regulation 6(4) also amends the 2017 Regulations to ensure correct implementation of Council Directive 2008/90/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.