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The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019

S.I. 2019/162 · Made 24 January 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Seeds

Sift requirements satisfied 8th January 2019

Made 24th January 2019

Laid before Parliament 4th February 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred —

  1. (a)

    in relation to Part 1, by the powers mentioned in paragraphs (b) and (c);

  2. (b)

    in relation to Part 2, by section 2(2) of the European Communities Act 1972 M1;

  3. (c)

    in relation to Parts 3 to 5, by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M2.

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy M3.

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Annotations to the whole text

Marginal citations

M1

1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions in relation to Wales.

M2

2018 c. 16.

M3

S.I.1972/1811, to which there are amendments not relevant to these Regulations.

Contents

  1. Part 1: Introductory
  2. 1Citation and commencement
  3. 1AExtent
  4. Part 2: Amendments made to out of date references
  5. 2The Seeds (National Lists of Varieties) Regulations 2001
  6. Part 3: Amendments relating to withdrawal from the European Union
  7. 3The Seeds (National Lists of Varieties) Regulations 2001
  8. Part 4: Amendment of retained direct EU legislation relating to withdrawal from the European Union
  9. 4Commission Regulation (EC) 217/2006
  10. 5Commission Decision 80/512/EEC
  11. 6Council Decision 2003/17/EC
  12. 7Council Decision 2005/834/EC Not yet in force
  13. 8Commission Implementing Decision 2012/340/EU Not yet in force
  14. 9Commission Implementing Decision 2014/150/EU
  15. 10Commission Implementing Decision 2017/547/EU
  16. 11Amendment of the EEA agreement
  17. Part 5: Revocation of retained direct EU legislation relating to withdrawal from the European Union
  18. 12Revocation of retained direct EU legislation
  19. Signature
  20. Schedule: Revocation of retained direct EU legislation
  21. 1Regulations
  22. 2Paragraph 2
  23. 3Paragraph 3
  24. 4Decisions
  25. 5Paragraph 5
  26. 6Paragraph 6
  27. 7Paragraph 7
  28. 7AParagraph 7A
  29. 8Paragraph 8
  30. 9Paragraph 9
  31. 10Paragraph 10
  32. 11Paragraph 11
  33. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019.

(2)

They come into force as follows—

(a)

as regards this Part and Part 2, 21 days after the day on which these Regulations are laid;

(b)

as regards Parts 3 to 5, on exit day.

1AExtentF1

Regulation 3 extends to England and Wales and Scotland.

2The Seeds (National Lists of Varieties) Regulations 2001I1

(1)

The Seeds (National Lists of Varieties) Regulations 2001 M1 are amended as follows.

(2)

In regulation 2(1), for the definition of “the Novel Foods Regulation” substitute—

““the Novel Foods Regulation” means Council Regulation (EC) No 258/97 concerning novel foods and novel food ingredients M2, as it applied immediately before 18 April 2004;”;

(3)

In Schedule 1, in Part 2, in paragraph 2—

(a)

for the table headed “Agricultural crop species” substitute—

“

Agricultural crop species

NameCommon Name
Alopecurus pratensis LMeadow foxtail
Arachis hypogaea LGroundnut (peanut)
Avena strigosa SchrebBlack oat, Bristle oat
BiserrulaBiserrula
Carthamus tinctorius LSafflower
Carum carvi LCaraway
Cynodon dactylon (L) PersBermuda grass
Galega orientalis LamFodder galega
Gossypium sppCotton
Hedysarum coronarium LSulla
Lathyrus ciceraChickling vetch/Dwarf chickling vetch
Medicago doliataStraight-spined medic
Medicago italicaDisc medic
Medicago littoralisShore medic/Strand medic
Medicago murexSphere medic
Medicago polymorphaBur medic
Medicago rugosaWrinkled medic/Gama medic
Medicago scutellataSnail medic/Shield medic
Medicago truncatulaBarrel medic
Ornithopus compressusYellow serradella
Ornithopus sativusSerradella
Oryza sativa LRice
Papaver somniferum LPoppy
Phacelia tanacetifolia BenthCalifornia bluebell
Phalaris aquatica LHarding grass, Phalaris
Phalaris canariensis LCanary grass
Plantago lanceolataRibwort plantain
Poa palustris LSwamp meadowgrass
Sorghum bicolor (L) MoenchSorghum
Sorghum sudanense (Piper) StapfSudan grass
Sorghum bicolor (L) Moench x Sorghum Sudanese (Piper) Stapf.Hybrids resulting from the crossing of Sorghum bicolor and Sorghum Sudanese
Trisetum flavescens (L) P BeauvGolden oatgrass
Trifolium alexandrinum LBerseem, Egyptian clover
Trifolium fragiferumStrawberry clover
Trifolium glanduliferumGlandular clover
Trifolium hirtumRose clover
Trifolium incarnatum LCrimson clover
Trifolium isthmocarpumMoroccan clover
Trifolium michelianumBalansa clover
Trifolium resupinatum LPersian clover
Trifolium squarrosumSquarrose clover
Trifolium subterraneumSubterranean clover
Trifolium vesiculosumArrow-leaf clover
Trigonella foenum-graecum LFenugreek
Vicia benghalensisPurple vetch

”

(b)

after the table headed “Vegetable species” insert—

“

Vine species

NameCommon Name
VitisVine

”

3The Seeds (National Lists of Varieties) Regulations 2001I1 E+W+S

(1)

The Seeds (National Lists of Varieties) Regulations 2001 are amended as follows.

(2)

In regulation 2—

(a)

in paragraph (1)—

(i)

omit the definition of “the Commission Regulation”;

(ii)

in the definition of “the relevant legislation”, in sub-paragraph (c), for paragraphs (i) and (ii) substitute—

“(i)

in relation to material authorised before F1IP completion day—

(aa)

the 1990 Directive, or

(bb)

the Deliberate Release Directive; and

(ii)

in relation to material authorised after IP completion day—

(aa)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M1;

(bb)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M2;

(cc)

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M3;

(dd)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M4.”;

(iii)

in the definition of “varietal association”, in both places where it occurs, omit “or a Common Catalogue”;

F2(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

omit paragraph 5.

(3)

In regulation 3(3)(b), for “to third countries” substitute “ from the United Kingdom ”.

(4)

In regulation 4(3)(b)—

(a)

for “Member State” substitute “ country, the Channel islands or the Isle of Man ”;

(b)

for “state” substitute “ place ”.

F3(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

In regulation 6—

(a)

in paragraph (2)—

(i)

in sub-paragraph (a), for the words from “European Union” to the end substitute “ United Kingdom is precluded by a prior right of a third party ”;

(ii)

in sub-paragraph (c), for “article 4 of the Commission Regulation” substitute “regulation 3 of the Plant Breeders' Rights (Naming and Fees) Regulations 2006 M5”;

(iii)

in sub-paragraph (e), omit “in a member State”;

(b)

in paragraph (3)—

(i)

in sub-paragraph (a), for the words from “, as defined” to the end substitute “ of a member of the International Union for the Protection of New Varieties of Plants ”;

(ii)

in sub-paragraph (b) omit the words from “, a list” to the end;

(iii)

in sub-paragraph (c), in the words before paragraph (i), for the words from “those” to the end substitute “ these Regulations, in a country ”;

(iv)

in sub-paragraph (d) omit the words from “, on a list” to the end;

(c)

in paragraph (4), for “a third” substitute “ another ”.

(7)

In regulation 8—

(a)

in paragraph (2), for “European Union” substitute “ United Kingdom and available comparable varieties accepted onto the national lists of countries outside the United Kingdom which have comparable varietal listing procedures and similar growing conditions ”;

(b)

in paragraph (3)—

(i)

omit “also”;

(ii)

for “not known in the European Union” substitute “ in addition to those specified in paragraph (2) ”.

(8)

In regulation 11—

(a)

in paragraph (2)—

(i)

in sub-paragraph (a)—

(aa)

for “a Common Catalogue” substitute “ the F4GB Variety Lists ”;

(bb)

for the words from “that an” to the end substitute “ published by the F5appropriate authority that ”;

(ii)

in sub-paragraph (b), for “a Common Catalogue” substitute “ the F6GB Variety Lists ”;

F7(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph (4)—

(i)

in sub-paragraph (a), omit “ or a Common Catalogue; or”;

(ii)

omit sub-paragraph (b);

(c)

in paragraph (5), omit “or a Common Catalogue”.

F8(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

In regulation 14—

(a)

in paragraph (2), for the words from “the Common” to “Marketing Directive” substitute “ these Regulations ”;

(b)

in paragraph (3), for the words from “European Union” to the end substitute “ United Kingdom ”.

(11)

In Schedule 2, in Part 1, in paragraph 1—

(a)

in sub-paragraph (1), for “European Union” substitute “ United Kingdom or accepted onto an official register of plant varieties corresponding to a F9GB Variety List in a country outside the United Kingdom with similar growing conditions ”;

(b)

for sub-paragraph (3) substitute —

“(3)

Where, at the time when an application for acceptance of a variety is duly made, a variety is known in the United Kingdom (or accepted onto an official register of plant varieties corresponding to a F10GB Variety List in a country outside the United Kingdom with similar growing conditions), but when that application is determined the variety is no longer known in the United Kingdom (or accepted onto that official register), that variety must be disregarded for the purpose of determining distinctness as part of that application.”.

F11(12)

In Schedule 2, in Part 3, omit paragraph (c).

4Commission Regulation (EC) 217/2006I1

(1)

Commission Regulation 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination is amended as follows.

(2)

Before Article 1 insert—

“Article A1

1

In this Regulation—

  • “the appropriate authority” means—

    1. (a)

      in relation to England, the Secretary of State;

    2. (b)

      in relation to Wales, the Welsh Ministers;

    3. (c)

      in relation to Scotland, the Scottish Ministers;

    4. (d)

      F1...

  • F2“the Department of Agriculture” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

  • F3“responsible authority” means—

    1. (a)

      in relation to shortages in supply of fodder seed, any authority who, in relation to any part of Great Britain, is the appropriate authority and, in relation to Northern Ireland, the Department of Agriculture, and is the Secretary of State if consent is given by—

      1. (i)

        in relation to Wales, the Welsh Ministers;

      2. (ii)

        in relation to Scotland, the Scottish Ministers;

      3. (iii)

        in relation to Northern Ireland, the Department of Agriculture;

    2. (b)

      in relation to shortages in supply of seed other than fodder seed, any authority who, in relation to any part of Great Britain, is the appropriate authority and is the Secretary of State if consent is given by—

      1. (i)

        in relation to Wales, the Welsh Ministers;

      2. (ii)

        in relation to Scotland, the Scottish Ministers;

  • “the Seeds Marketing Regulations” means—

    1. (a)

      in relation to England, the Seed Marketing Regulations 2011 M1;

    2. (b)

      in relation to Wales, the Seed Marketing (Wales) Regulations 2012 M2;

    3. (c)

      in relation to Scotland—

      1. (i)

        the Vegetable Seeds Regulations 1993 M3;

      2. (ii)

        the Oil and Fibre Plant Seed (Scotland) Regulations 2004 M4;

      3. (iii)

        the Cereal Seed (Scotland) Regulations 2005 M5;

      4. (iv)

        the Fodder Plant Seed (Scotland) Regulations 2005 M6; and

      5. (v)

        the Beet Seed (Scotland) (No 2) Regulations 2010 M7;

    4. (d)

      in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016 M8.”.

(3)

In Article 1—

(a)

for paragraph 1 substitute—

“

1

This Regulation lays down the rules applying to requests for permission temporarily to market seed which does not satisfy the requirements in respect of minimum germination in accordance with the Seeds Marketing Regulations.”;

(b)

in paragraph 2, for the words from “Directives” to the end substitute “ Seeds Marketing Regulations ”.

(4)

In Article 2—

(a)

for paragraph 1 substitute—

“

1

Interested suppliers or supplier organisations affected by supply difficulties F4of fodder seed in the United Kingdom, or of seed other than fodder seed in Great Britain, and wishing to be authorised temporarily to market seed not satisfying the requirements in respect of minimum germination must submit to a responsible authority a request setting out the information referred to in Article 3. That authority must thereupon notify the other responsible authorities of the request.”;

(b)

in paragraph 2—

(i)

in the words before sub-paragraph (a), for the words “other Member” to “requesting Member State” substitute “ the other responsible authorities may notify the authority to whom the request was made ”;

(ii)

in sub-paragraph (b), for “Directives referred to in Article 1(1)” substitute “ Seeds Marketing Regulations ”;

(c)

for paragraph 3 substitute—

“

3

Seeds covered by the request up to the quantity requested may be marketed in the territory of the authority without satisfying the requirements of the Seeds Marketing Regulations if, within the period referred to in paragraph 2—

(a)

no offers or objections are notified to the authority to whom the request was made, or

(b)

where any offers are made, that authority and the responsible authority or authorities making those offers agree that the offers are unsuitable.

The authority to whom the request was made must publish the conditions under which the marketing is authorised, including the quantity allowed.”;

(d)

omit paragraph 4.

(5)

In Article 3(e), for “of the requesting Member State” substitute “ in the United Kingdom ”.

(6)

In Article 4—

(a)

for the words from “Without” to “Article 1(1)” substitute “ In addition to any labelling required under the Seeds Marketing Regulations ”;

(b)

for “those Directives” substitute “ the relevant Seeds Marketing Regulations ”.

(7)

In Article 5—

(a)

in paragraph 1—

(i)

in the words before point (a), for “Member States” substitute “ responsible authorities ”;

(ii)

in point (b), omit “for the Community”;

(b)

omit paragraphs 2 and 3.

(8)

Omit the words after Article 6.

5Commission Decision 80/512/EECI1I2

(1)

Commission Decision 80/512/EEC authorising the Kingdom of Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom not to apply the conditions laid down in Council Directive 66/401/EEC on the marketing of fodder plant seed, as regards the weight of the sample for the determination of seed of Cuscuta is amended as follows.

(2)

Before Article 1 insert—

“Article A1

In this Decision, “the appropriate authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers;

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(3)

In Article 1—

(a)

in paragraph 1—

(i)

for the words from “The Kingdom of Denmark” to “authorized” substitute “ The appropriate authorities may decide ”;

(ii)

omit “for them”;

(iii)

for “the Member State concerned” substitute “ the territory in relation to which they have responsibility ”;

(b)

omit paragraph 2.

(4)

Omit Article 3.

(5)

In the Annex, omit paragraphs 1 to 4.

6Council Decision 2003/17/ECI1

(1)

Council Decision 2003/17/EC on equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries is amended as follows.

(2)

Before Article 1 insert—

“Article A1

1

In this Decision, “the Seeds Marketing Regulations” means—

(a)

in relation to England, the Seed Marketing Regulations 2011;

(b)

in relation to Wales, the Seed Marketing (Wales) Regulations 2012;

(c)

in relation to Scotland—

(i)

in relation to vegetable seed, the Vegetable Seeds Regulations 1993;

(ii)

in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004;

(iii)

in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005;

(iv)

in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005;

(v)

in relation to beet seed, the Beet Seed (Scotland) (No 2) Regulations 2010;

(d)

in relation to Northern Ireland F1in relation to fodder seed, the relevant provisions of, the Seed Marketing Regulations (Northern Ireland) 2016.

  • F2a “country granted equivalence” means a country that has been assessed by, in relation to England, the Secretary of State, in relation to Wales, the Welsh Ministers, and in relation to Scotland, the Scottish Ministers that the seed from that country is produced under conditions equivalent to the requirements in the Seeds Marketing Regulations for seed to which those Regulations apply. ”.

F3(3)

In Article 1—

(a)

after “Decision” insert “and, in relation to Northern Ireland, field inspections concerning seed-producing crops of the species specified in Directive 66/401/EEC on the marketing of fodder plant seed only”;

(b)

omit “third”;

(c)

for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “the Seeds Marketing Regulations”;

(3A)

In Article 2—

(a)

after “Decision”, in the first place where it occurs, insert “and, in relation to Northern Ireland, seed of the species specified in Directive 66/401/EEC on the marketing of fodder plant seed only”;

(b)

omit “third”;

(c)

for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “the Seeds Marketing Regulations”;

(4)

In Article 3—

(a)

in paragraph 1—

(i)

for “Community”, in both places where it occurs, substitute “ United Kingdom ”;

(ii)

for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “ the Seeds Marketing Regulations ”;

(iii)

omit the second paragraph.

(b)

in paragraph 2—

(i)

for “Community” substitute “ United Kingdom ”;

F4(ii)

for “EC labels shall be used only” substitute “labels shall be used stating, in relation to fodder seed, “UK rules and standards”, and in relation to all other seed “GB rules and standards” only”

(iii)

in point (a)—

(aa)

for “Member States” substitute “ the United Kingdom ”;

(bb)

for “third countries” substitute “ countries listed in Annex 1 ”;

(iv)

in point (b)—

(aa)

for “small EC” substitute “ beet, fodder or vegetable seed, small ”;

(bb)

for “Directives 66/401/EEC, 2002/54/EC or 2002/55/EC” substitute “ the Seeds Marketing Regulations ”.

(5)

Omit Article 7.

(6)

In Annex 2—

(a)

in paragraph A—

(i)

in the heading, for “third countries” substitute “ countries listed in Annex 1 ”;

(ii)

in point 3, in the first indent, omit “Member State or third”;

(b)

in paragraph B—

(i)

in the heading, for “third countries” substitute “ countries listed in Annex 1 ”;

(ii)

in point 1, in the second subparagraph, for “Community rules” substitute “ the Seeds Marketing Regulations ”;

(iii)

in point 2.1, for “laid down in” substitute “ specified by the Seeds Marketing Regulations and ”;

(iv)

in point 3.1, in the first indent—

(aa)

for “Community rules” substitute “ the Seeds Marketing Regulations ”;

F5(bb)

for “EC rules and standards” substitute “in relation to fodder seed – “UK rules and standards”, and in relation to all other seed “GB rules and standards”;

F6(v)

in point 3.2, for “Community law” substitute “, in relation to fodder seed, the law of the United Kingdom, and in relation to seed other than fodder seed, the law of Great Britain”;

(vi)

in point 3.5, for the words from “at least” to the end substitute “ English and may also be given in other languages ”;

F7(vii)

in point 5—

(aa)

in the first sub-paragraph, for “the Community”, in both places where it occurs, substitute “United Kingdom”;

(bb)

for the second sub-paragraph substitute—

“In the case of basic seed of other varieties, the seed of the preceding generations shall have been produced—

  • under the responsibility of the persons responsible for the maintenance of the variety referred to in the GB Variety Lists pursuant to regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001 or the NI Variety Lists pursuant to legislation having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001;

  • in a country which has been granted equivalence of checks on practices for the maintenance of varieties under Council Decision 2005/834/EC; or

  • in a country granted equivalence and under the responsibility of the persons responsible for the maintenance of the variety.”.

(viii)

in point 6—

(aa)

in the first indent, for “Community,” substitute “ United Kingdom ”;

(bb)

in the second indent, omit “third” and, at the end, insert “ or ”;

(cc)

after the second indent, insert— “ F8in a country granted equivalence.”.

7Council Decision 2005/834/ECF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Commission Implementing Decision 2012/340/EUF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Commission Implementing Decision 2014/150/EUI1

(1)

Commission Implementing Decision 2014/150/EU on the organisation of a temporary experiment providing for certain derogations for the marketing of populations of the plant species wheat, barley, oats and maize pursuant to Council Directive 66/402/EEC is amended as follows.

(2)

Before Article 1 insert—

“Article A1

In this Decision--

  • “the appropriate authority” means—

    1. (a)

      in relation to England, the Secretary of State;

    2. (b)

      in relation to Wales, the Welsh Ministers;

    3. (c)

      in relation to Scotland, the Scottish Ministers;

    4. (d)

      F1...

  • “responsible authority” means any authority who, in relation to any part of F2Great Britain, is the appropriate authority.”.

(3)

In Article 1(1) omit “at Union level”.

(4)

In Article 3—

(a)

in the heading omit “of Member States”;

(b)

for “Member State” substitute “ responsible authority ”;

(c)

for “Member States”, in each place where it occurs, substitute “ responsible authorities ”;

(d)

in paragraph 2, omit “the Commission and”;

(e)

in paragraph 3, for “Commission” substitute “ other responsible authorities ”.

(5)

In Articles 4, 6, 7, 10, 12 F3, 13, 17 and 18—

(a)

for “Member State”, in each place where it occurs, substitute “ appropriate authority ”;

(b)

for “Member States”, in each place where it occurs, substitute “ responsible authorities ”;

(c)

for “seed certification authority”, in each place where it occurs, substitute “ appropriate authority ”.

(6)

In Article 7(4) omit “and the Commission”.

(7)

In Article 8(1), for “Article 9(6) of Council Directive 2002/53/EC” substitute “the Plant Breeders' Rights (Naming and Fees) Regulations 2006”.

(8)

In Article 12(1), for “in the participating Member State” substitute “ in the territory for which the responsible authority in question is the appropriate authority ”.

(9)

In Article 14, in the words before point (a), for the words from “seed” to “States” substitute “ appropriate authority ”.

(10)

In Article 18, in paragraphs 1 and 2, omit “the Commission and”.

(11)

Omit Article 20.

(12)

In Annex 1—

F4(za)

in point 1, for “EU” substitute “GB”;

(a)

in point 2, for “seed certification authority and the Member state” substitute “ appropriate authority ”;

(b)

in point 9, for “Member State” substitute “ Country ”.

(13)

In Annex 2, in the last subparagraph, for “Member States” substitute “ responsible authorities ”.

(14)

In Annex 3—

(a)

in point (c), for “Member State” substitute “ country ”;

(b)

in point (d), for “Member States” substitute “ responsible authorities ”.

10Commission Implementing Decision 2017/547/EUI1

(1)

Commission Implementing Decision 2017/547/EU on the organisation of a temporary experiment under Council Directive 2002/56/EC as regards seed potato tubers derived from true potato seed is amended as follows.

(2)

In Article 1—

(a)

in paragraph (1), omit “at Union level”;

F1(b)

in paragraph (2)(h), for “the Union” substitute “Great Britain”.

(3)

In Article 2—

F2(a)

for “the Union”, in each place where it occurs, substitute “Great Britain”;

(b)

after point (d) insert—

“(e)

“appropriate authority” means—

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

F3(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)

“responsible authority” means any authority who, in relation to any part of F4Great Britain, is the appropriate authority;

(g)

“the Seed Potatoes Regulations” means—

(i)

in relation to England, the Seed Potatoes (England) Regulations 2015 M1;

(ii)

in relation to Wales, the Seed Potatoes (Wales) Regulations 2016 M2;

(iii)

in relation to Scotland, the Seed Potatoes (Scotland) Regulations 2015 M3;

F5(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(4)

In Article 3—

(a)

for “Member State”, in each place where it occurs, substitute “ responsible authority ”;

(b)

for “Commission and the other Member States”, in both places it occurs, substitute “ other responsible authorities ”.

(5)

In Article 4—

(a)

in the first paragraph —

(i)

for “Member States” substitute “ responsible authorities ”;

(ii)

for “Directive 2002/56/EC” substitute “ the Seed Potatoes Regulations, ”;

(iii)

for point (a), substitute—

“(a)

it is listed in the F6GB Variety Lists of plant varieties under regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001;”;

(iv)

omit point (b);

(v)

in point (c), for the words from “pursuant” to the end substitute “ under regulation 4 of the Seeds (National Lists of Varieties) Regulations 2001 ”;

(b)

in the second paragraph—

(i)

omit “as referred to in Article 2(b)(i) of Directive 2002/56/EC”;

(ii)

omit the words from “as referred to in Article 2(c)(i)” to the end.

(6)

In Article 5, in the first paragraph—

(a)

in the first place where it occurs, for “Member State” substitute “ responsible authority ”;

(b)

for “participating Member State concerned” substitute “ territory for which the responsible authority concerned is the appropriate authority ”;

(c)

for “certification authority” substitute “ appropriate authority ”.

(7)

In Article 8(1)—

(a)

for “Member State” substitute “ responsible authority ”;

(b)

for “certification authority” substitute “ appropriate authority ”.

(8)

In Article 9—

(a)

in the first paragraph, for “Directive 2002/56/EC” substitute “ the Seed Potatoes Regulations ”;

(b)

in the last paragraph, for “at least one of the official languages of the Union” substitute “ English and may also be given in other languages ”.

(9)

In Article 10, in the first paragraph, for “Member States” substitute “ responsible authorities ”.

(10)

In Article 11, in the first paragraph—

(a)

for the words from “certification” to “States” substitute “ responsible authorities ”;

(b)

omit “Without prejudice to Article 23 of Directive 2002/56/EC, ”.

(11)

In Article 12—

(a)

in paragraph 1—

(i)

for “responsible official body in the participating Member State” substitute “ appropriate authority ”;

(ii)

for “Member States” substitute “ responsible authorities ”;

(iii)

omit the third sentence;

(b)

in paragraphs 2, 3 and 4—

(i)

for “Member State”, in each place where it occurs, substitute “ responsible authority ”;

(ii)

for “Commission and the other Member States”, in each place where it occurs, substitute “ other responsible authorities ”.

(12)

Omit Article 13.

(13)

In Annex 2—

(a)

in paragraph A, for “EU” substitute “ F7GB ”;

(b)

in paragraph B—

(i)

in point 1, for “EU” substitute “ F8GB ”;

(ii)

in point 2, for “responsible official body and the respective Member State,” substitute “ appropriate authority ”;

(iii)

in point 9, for “Member State” substitute “ Country ”;

(c)

in paragraph C—

(i)

in point 1, for “EU” substitute “ F9GB ”;

(ii)

in point 2, for “responsible official body and the respective Member State” substitute “ appropriate authority ”;

(iii)

in point 7, for “Member State” substitute “ Country ”.

(14)

In Annex 3, in point 2, omit the words from “, and,” to the end.

11Amendment of the EEA agreementI1I2

In Annex 1 to the EEA agreement, in Chapter 3 (Phytosanitary matters), in Section 2 (Application texts), in paragraphs 16, 22, 36 and 39, omit the words from “The provisions of the Decision shall” to the end.

12Revocation of retained direct EU legislationI1I2

The retained direct EU legislation listed in the Schedule is revoked.

Signature

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

1RegulationsI1

Commission Regulation (EC) No 1597/2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the format for national lists of the basic material of forest reproductive material.

2I1

Commission Regulation (EC) No 1598/2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the provision of mutual administrative assistance by official bodies.

3I1

Commission Regulation (EC) No 1602/2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the authorisation of a Member State to prohibit the marketing of specified forest reproductive material to the end-user.

4DecisionsI1

Commission Decision 2000/165/EC setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants under Council Directives 66/401/EEC, 66/402/EEC, 66/403/EEC and 69/208/EEC.

5I1

Commission Decision 2002/984/EC on the continuation of Community comparative trials and tests on seeds and propagating material of gramineae, Triticum aestivum, Vitis vinifera, Brassica napus and Allium ascalonicum under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC.

6I1

Commission Decision 2005/5/EC setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants of agricultural and vegetable species and vine under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC for the years 2005 to 2009.

7I1

Commission Decision 2007/321/EC releasing the United Kingdom from certain obligations for the marketing of vegetable seed under Council Directive 2002/55/EC.

7AI1F1

Commission Implementing Decision (EU) 2013/166 amending Council Directive 2008/72/EC to extend the derogation relating to import conditions for vegetable propagating and planting material, other than seed, from third countries.

8I1

Commission Implementing Decision (EU) 2017/478 releasing certain Member States from the obligation to apply to certain species Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 1999/105/EC, 2002/54/EC, 2002/55/EC and 2002/57/EC on the marketing of fodder plant seed, cereal seed, material for the vegetative propagation of the vine, forest reproductive material, beet seed, vegetable seed and seed of oil and fibre plants respectively.

9I1

Commission Implementing Decision (EU) 2017/925 temporarily authorising certain Member States to certify pre-basic material of certain species of fruit plants, produced in the field under non-insect proof conditions.

10I1F1

Commission Implementing Decision (EU) 2019/119 amending Council Directive 2002/56/EC as regards the date laid down in Article 21(3) until which Member States are authorised to extend the validity of decisions concerning equivalence of seed potatoes from third countries.

11I1F1

Commission Implementing Decision (EU) 2019/120 amending Council Directive 2008/90/EC as regards the extension of the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. They are also made in part to amend legislation that is out of date.

These Regulations make amendments to legislation in the field of marketing of seed and plant propagating material.

Part 2 makes amendments to the Seeds (National Lists of Varieties) Regulations 2001 to amend a definition that is incorrect and to update the list of derogated species pursuant to Commission Implementing Decision (EU) 2017/478 releasing certain Member States from the obligation to apply to certain species Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 1999/105/EC, 2002/54/EC, 2002/55/EC and 2002/57/EC on the marketing of fodder plant seed, cereal seed, material for the vegetative propagation of the vine, forest reproductive material, beet seed, vegetable seed and seed of oil and fibre plants respectively (OJ No L 73, 18.3.2017, p. 29).

The remainder of the Regulations make amendments resulting from the United Kingdom's withdrawal from the European Union. Part 3 amends subordinate legislation, Part 4 amends retained direct EU legislation and Part 5 contains revocations.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.