Explanatory note

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) and the European Union (Withdrawal Agreement) Act 2020 (c. 1) to give effect to separation provisions regarding Community plant variety rights in Part 3 (Title IV on Intellectual Property) of the withdrawal agreement^f1, in particular Articles 54(1), (3), and (6), 55(2), 59(2) and 61.

These Regulations amend provisions in the Plant Breeders’ Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204) and the Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220) to make the treatment of existing Community plant variety rights which have effect in the UK on IP completion day and the treatment of applications for Community plant variety rights which are unresolved on that day consistent with the withdrawal agreement. They also amend references to exit day so as to refer instead to IP completion day.

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