Regulation 3 The Oil and Fibre Plant Seed (Scotland) Regulations 2004I1

Scotland

(1)

The Oil and Fibre Plant Seed (Scotland) Regulations 2004 M1 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

at the end of the definition of “the 2004 Commission Decision” insert “ , as amended by Commission Implementing Decision (EU) 2016/320 M2 ”,

(b)

in the definition of “the 2001 Deliberate Release Directive”, for the words from “amended by” to the end substitute “ last amended by Directive (EU) 2015/412 M3 ”,

(c)

in the definition of “EEA State”, at the end insert “ , and for the purposes of these Regulations includes Switzerland ”,

(d)

in the definition of “Equivalence Decision”, for the words from “amended by” to the end substitute “ last amended by Decision (EU) 2018/1674 M4 ”,

(e)

in the definition of “the Food and Feed Regulation”, at the end insert “ , as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council M5 ”,

(f)

in the definition of “third country”, omit “or Switzerland”.

(3)

In regulation 5(2) (seed to which the Regulations apply), after “EEA State” insert “ (other than regulation 13A (certification and labelling for export)) ”.

(4)

After regulation 6 (marketing of seed) insert—

“Importation from outside the European Union
6A
Seed imported from outside the European Union must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.”.

(5)

In regulation 8A(10) (exception for test and trial seed) M6, after “Member State” insert “ or, as the case may be, Switzerland ”.

(6)

After regulation 13 (requirement for homogeneity) insert—

“Certification and labelling for export
13A
(1)
The Scottish Ministers may certify the quality of any seed intended for export.
(2)
Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.”.

Annotations

Marginal citations

M1: S.S.I. 2004/317, amended by S.S.I. 2006/313, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2010/219, S.I. 2011/1043, S.S.I. 2016/68 and S.S.I. 2016/434.
M2: OJ L 60, 5.3.2016, p.88. The definition was inserted by S.S.I. 2007/224.
M3: OJ L 68, 13.3.2015, p.1.
M4: OJ L 284, 12.11.2018, p.31.
M5: OJ L 97, 9.4.2008, p.64.
M6: Regulation 8A was inserted by S.S.I. 2007/224.

Commencement

I1: Reg. 3 in force at 28.3.2019, see reg. 1(1)(a)