Explanatory note

These Regulations amend—

• the Marketing of Vegetable Plant Material Regulations 1995 (S.I. 1995/2652) (in relation to England only) (“the 1995 Regulations”);

• the Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510) (“the 2001 Regulations”); and

• the Seed Marketing Regulations 2011 (S.I. 2011/463) (“the 2011 Regulations”).

These Regulations implement Commission Implementing Directive (EU) 2019/990 amending the list of genera and species in Article 2(1)(b) of Council Directive 2002/55/EC, in Annex II to Council Directive 2008/72/EC and in the Annex to Commission Directive 93/61/EEC (OJ No. L 160, 18.6.2019, p.14) (“the 2019 Directive”). They also implement Commission Implementing Directive (EU) 2020/432 amending Council Directive 2002/55/EC with regard to the definition of vegetables and the list of genera and species in Article 2(1)(b) (OJ No. L 88, 24.3.2020, p.3) (“the 2020 Directive”), superseding the amendments made by the 2019 Directive.

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), 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 Council Directive 2008/72/EC (OJ No. L 250, 7.10.1993, p.19). The 2001 Regulations implement those elements of Council Directive 2002/55/EC on the marketing of vegetable seed (OJ No. L 193, 20.7.2002, p.33) which require Member States to establish national lists of vegetable varieties. The 2011 Regulations implement Council Directive 2002/55/EC on the marketing of vegetable seed.

Regulations 2 and 3 update definitions in the 1995 Regulations and the 2001 Regulations to ensure that references to Directives 2008/72/EC, 93/61/EEC and 2002/55/EC refer to those Directives as amended by the 2019 Directive and the 2020 Directive respectively^f1.

Regulation 3 also amends the list of vegetable species on the national list and the lists of derogated vegetable species in Schedule 1 to the 2001 Regulations. It makes provision for the species Cichorium intybus L. to be excluded from the requirement to provide a national list and restrict marketing, in the light of Article 1(6) of Commission Implementing Decision (EU) 2017/478 (OJ No. L 73, 18.3.2017, p.29) which released the United Kingdom from the obligation to apply Directive 2002/55/EC to certain species identified in Part 6 of the Annex to that Decision.

Regulation 4 amends the list of vegetable plants and their associated common names in Schedule 1 to the 2011 Regulations (seed to which the Regulations apply) to make explicit where all varieties of a species are included and where only certain varieties of a species are included. It also provides for the application of the 2011 Regulations to hybrids of the species and Groups of vegetable plants listed.

The explanatory memorandum and transposition note in respect of these Regulations are available in hard copy from the Plant Varieties and Seeds Team, Department for Environment, Food and Rural Affairs, 1st floor, Eastbrook, Shaftesbury Road, Cambridge CB2 8DR, and published alongside these Regulations on www.legislation.gov.uk. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.