Regulation 7 Marketing requirements – conservation varieties

(1)

A person intending to produce seed potatoes of a conservation variety in Scotland must give prior notice of this to the Scottish Ministers, in such form and manner and including such information as the Scottish Ministers may require.

(2)

F1Where the quantities laid down in Article 14 of Directive 2008/62/EC would otherwise be likely to be exceeded, the Scottish Ministers may specify the maximum amount of seed potatoes of a conservation variety which may be marketed in any given production season and may also specify different maxima for different persons or classes of persons.

F2(2A)

For the purposes of paragraph (2), Article 14 of Commission Directive 2008/62/EC is to be read as if—

(a)

in the first paragraph—

(i)

“Each Member State shall ensure that” was omitted;

(ii)

for “does not exceed”, there were substituted “ may not exceed ”;

(ii)

for “that Member State”, there were substituted “Great Britain ”;

(b)

in the second paragraph—

(i)

for “each Member State”, there were substituted “Great Britain”;

(ii)

for “the Member State” in both places where it occurs, there were substituted “Great Britain ”.

(3)

A person may not market seed potatoes of a conservation variety in excess of any applicable maximum amount of seed potatoes specified by the Scottish Ministers under paragraph (2).

(4)

A person who markets seed potatoes of a conservation variety must, on request in writing, supply to the Scottish Ministers, information relating to the amount and the variety of the seed potatoes which that person has placed on the market during each production season.

(5)

In paragraph (2), “CommissionDirective 2008/62/EC” means CommissionDirective 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties M1.

Annotations

Textual amendments

F1: Words in reg. 7(2) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 16(7)(a) and The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/190), regs. 1(1)(b), 5(2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Reg. 7(2A) inserted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 16(7)(b) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 17(7)); 2020 c. 1, Sch. 5 para. 1(1)

Marginal citations

M1: OJ L 162, 21.6.2008, p.13.