- Statutory Instrument 2004 No. 2387
The Fodder Plant Seed (England) (Amendment) Regulations 2004
© Crown Copyright 2004
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| Made | 10th September 2004 | ||
| Laid before Parliament | 15th September 2004 | ||
| Coming into force | 8th October 2004 |
The Secretary of State in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4), (5), (5A) and 36 of the Plant Varieties and Seeds Act 1964[1], and now vested in her[2], after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to her to be concerned, hereby makes the following Regulations:
Title and commencement
1. These Regulations may be cited as the Fodder Plant Seed (England) (Amendment) Regulations 2004 and shall come into force on 8th October 2004.
Amendment of the Fodder Plant Seed (England) Regulations 2002
2. - (1) The Fodder Plant Seed (England) Regulations 2002[3] shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1) -
-
(a) After the definition of "the Act", there shall be inserted the following definition -
-
"
"Annex II.A(3) official certificate" means an official certificate of the type specified in paragraph 3 of Part A of Annex II to the Third Country Equivalence Decision;";
-
(b) for the definition of "approved seed certification authority", there shall be substituted the following definition -
-
"
"approved seed certification authority" means an authority specified in column 2 of the table set out in Annex I to the Third Country Equivalence Decision;";
-
(c) for the definition of "the Common Catalogue Directive", there shall be substituted the following definition -
-
"
"the Common Catalogue Directive" means Council Directive 2002/53/EC[4] on the common catalogue of varieties of agricultural plant species, as last amended by the Food and Feed Regulation;";
-
(d) after the definition of "control plot", there shall be inserted the following definition -
-
"
"the Deliberate Release Directive" means Council Directive 2001/18/EC[5] on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/2003[6] concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms;";
-
(e) for the definition of "EEA State", there shall be substituted the following definition -
-
"
"EEA State" means -
-
(a) a State which is a member of the Communities; and
(b) Iceland, Liechtenstein and Norway;";
(f) for the definition of "equivalent third country", there shall be substituted the following definition -
-
"
"equivalent third country" means Argentina, Australia, Bulgaria, Canada, Chile, Croatia, Israel, Morocco, New Zealand, Romania, Serbia and Montenegro, South Africa, Turkey, the United States of America, and Uruguay;";
-
(g) for the definition of "the Fodder Plant Seed Directive", shall be substituted the following definition -
-
"
"the Fodder Plant Seed Directive" means Council Directive 66/401/EEC[7] on the marketing of fodder plant seed, to which the relevant amendments are Commission Decision 2004/266/EC[8]; Commission Directive 2004/55/EC[9]; and Commission Decision 2004/371/EC[10];";
-
(h) after the definition of "the Fodder Plant Seed Directive", there shall be inserted the following definition -
-
"
"the Food and Feed Regulation" means Council Regulation (EC) No 1829/2003[11] on genetically modified food and feed;";
-
(i) for the definition of "genetically modified", there shall be substituted the following definition -
-
"
"genetically modified" has the same meaning as for the purposes of the Deliberate Release Directive;";
-
(j) for the definition of "member State", there shall be substituted the following definition -
-
"
"member State" means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;";
-
(k) after the definition of "official sample", there shall be inserted the following definition -
-
"
"official stamp" means a stamp issued or authorised by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;";
-
(l) the definition of "a Part II.A(3) official certificate" shall be deleted;
(m) in paragraph (a)(ii) of the definition of "seed that has been subject to satisfactory official post control", for the words "paragraphs 1 and 2" there shall be substituted the words "paragraphs 1 to 3"; and
(n) for the definition of "the Third Country Equivalence Decision", there shall be substituted the following definition -
-
"
"the Third Country Equivalence Decision" means Council Decision 2003/17/EC[12] on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries, as last amended by Council Regulation (EC) No 885/2004[13];".
(3) In regulation 3 -
-
(a) for the definition of "cocksfoot" there shall be substituted the following definition -
-
"
"cocksfoot" means plants of the species Dactylis glomerata L.;"; and
-
(b) for the definition of "festulolium" there shall be substituted the following definition -
-
"
"festulolium" means plants of the species Festuca arundinacea Schreber; Festuca ovina L.; Festuca pratensis Hudson; or Festuca rubra L. x Lolium multiflorum Lam.; Lolium perenne L.; or Lolium x boucheanum Kunth;".
(4) In regulation 8(18)(a)(i), after the words "4 to 8" there shall be inserted the words ", 10 and 12".
(5) In regulation 9(2)(d), for the words "a Part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate".
(6) In regulation 11 -
-
(a) paragraph (1)(h) shall be deleted;
(b) after paragraph (2), there shall be inserted the following paragraph -
-
"
(2A) Subject to paragraphs (3) and (4), an application may be made to a licensed seed testing station for the testing of an official sample of a seed lot of commercial seed of annual meadowgrass, Hugarian vetch or sainfoin."; and
-
(c) for paragraph (15)(c)(ii), there shall be substituted the following paragraph -
-
"
(ii) not finally certified CS, C1 or C2 seed harvested in an equivalent third country and for which the Annex II.A(3) official certificate relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 9.".
(7) In regulation 12 -
-
(a) in paragraph (1)(a), after the words "being issued" there shall be inserted the words "or within such other time as the Secretary of State may otherwise allow"; and
(b) in paragraph (1)(b), after the words "is listed" there shall be added the words "or within such other time as the Secretary of State may otherwise allow".
(8) In regulation 19, for paragraph (4) there shall be substituted the following paragraph -
-
"
(4) The Secretary of State shall not grant a regulation 19 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either -
-
(a) Part C of the Deliberate Release Directive; or
(b) the Food and Feed Regulation.".
(9) In regulation 20, for paragraph (4)(c) there shall be substituted the following paragraph -
-
"
(c) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under either -
-
(i) Part C of the Deliberate Release Directive; or
(ii) the Food and Feed Regulation.".
(10) In regulation 23, for paragraph (3) there shall be substituted the following paragraph -
-
"
(3) Subject to paragraph (4), the maximum weight of a seed lot of a mixture of seeds to which regulation 22(1) or (2) applies shall be 10 tonnes except that -
-
(a) where more than 50% of the mixture consists of a species of seed for which the maximum weight of a seed lot prescribed in seed regulations is 20 tonnes, the maximum weight of the seed lot shall be 20 tonnes; and
(b) where more than 50% of the mixture consists of a species of seed for which the maximum weight of a seed lot prescribed in seed regulations is 25 tonnes, the maximum weight of the seed lot shall be 25 tonnes.".
(11) In regulation 24 -
-
(a) in paragraph 5(c), for the words "paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision"; and
(b) in paragraph 11(c), for the words "paragraph B.I of Annex II to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision".
(12) In regulation 26 -
-
(a) in paragraph 7(c), for the words "paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision";
(b) paragraph 11(c) shall be deleted;
(c) in paragraph 14(c), for the words "paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision"; and
(d) in paragraph 20, for the words "paragraph 11, 12(3), 17, 18(3), 25, 26(4), 33 and 34(4)" there shall be substituted the words "paragraph 11, 12(3), 17, 18(3), 25, 26(3), 26(4), 33, 34(3), 34(4), 40A, 41(3) and 41(4)".
(13) In Schedule 1 -
-
(a) in paragraph 11(2) of Part II -
-
(i) in paragraph (a), for the words "paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision";
(ii) in paragraph (b)(iii), for the words "paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision"; and
(iii) in paragraph (c), for the words "paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision";
(b) in paragraph 17 of part II -
-
(i) in sub-paragraph (1), after the word "means" the word "basic" shall be deleted;
(ii) in sub-paragraph (2)(a)(ii), for the words "paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision";
(iii) in sub-paragraph (2)(b)(iii), for the words "paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision"; and
(iv) in sub-paragraph (2)(c), for the words "paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision";
(c) in paragraph 25 of part III -
-
(i) in sub-paragraph (2)(a), for the words "paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 6 of Part B of the Annex to the Third Country Equivalence Decision";
(ii) in sub-paragraph (2)(b)(iii), for the words "paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision"; and
(iii) in sub-paragraph (2)(c), for the words "paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision";
(d) in paragraph 26(3)(d)(i) of part III, for the words "a Part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate";
(e) in paragraph 33(2) of part III -
-
(i) in paragraph (a), for the words "paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision";
(ii) in paragraph (b), for the words "paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision"; and
(iii) in paragraph (c), for the words "paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision";
(f) in paragraph 34(3)(d)(i) of part III, for the words "a Part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate";
(g) in paragraph 39(3) of part III -
-
(i) in paragraph (e)(i), after the words "another member state" there shall be added the words "or an equivalent third country"; and
(ii) after paragraph (e), there shall be inserted the following paragraphs -
-
"
(f) C2 seed of a listed variety that -
-
(i) has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
(ii) complies with the requirements of paragraphs (a)(ii) and (iii); and
(g) C2 seed -
-
(i) of a previously listed variety that is on the OECD list;
(ii) that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
(iii) that complies with the requirements of paragraphs (a)(ii) and (iii); and
(iv) for which a marketing extension is in force,";
(h) after paragraph 40 of part III there shall be inserted the following paragraph -
-
"
Third country officially certified C2 seed of a listed variety
40A. - (1) In these Regulations "third country officially certified C2 seed of a listed variety" means C2 seed of an approved species to which sub-paragraph (2) or (3) applies.
(2) This sub-paragraph applies to C2 seed of a listed variety that -
-
(a) was harvested from a crop that was produced -
-
(i) in an equivalent third country, and
(ii) from a preceding generation of seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;
(b) has been officially certified as C2 seed by the approved seed certification authority in that country in accordance with the OECD Grass and Legume Seed Scheme and the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
(c) has been packed in packages that have been officially closed and marked in accordance with the OECD Grass and Legume Seed Scheme, and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
(d) has been imported into the United Kingdom and was accompanied by -
-
(i) an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C2 seed; and
(ii) subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C2 seed other than those relating to varietal identity and varietal purity; or
(iii) in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).
(3) This sub-paragraph applies to C2 seed -
-
(a) of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and
(b) that complies with the requirements of sub-paragraphs (2)(a) to (d).";
(i) for paragraph 41 of part III there shall be substituted the following paragraph -
-
"
Overseas tested officially certified C2 seed of a listed variety
41. - (1) In these Regulations "overseas tested officially certified C2 seed of a listed variety" means C2 seed to which sub-paragraph (2), (3) or (4) applies.
(2) This sub-paragraph applies to C2 seed -
-
(a) that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for C2 seed;
(b) for which a seed test report has been issued -
-
(i) by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or
(ii) by a licensed EC seed testing station in either of the member States referred to in paragraph (i),
stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;
(c) that has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
(d) that is accompanied by -
-
(i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and
(ii) the seed test report referred to in paragraph (b).
(3) This sub-paragraph applies to C2 seed of an approved species that -
-
(a) was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for C2 seed;
(b) was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;
(c) has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
(d) is accompanied by -
-
(i) an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for C2 seed, and
(ii) the seed test report referred to in paragraph (b).
(4) This sub-paragraph applies to C2 seed of an approved species that -
-
(a) complies with the requirements of paragraph 40A(2)(a) to (d), and
(b) was imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.";
(j) in paragraph 42(3) of part III -
-
(i) in paragraph (c)(ii), the word "and" shall be deleted; and
(ii) after paragraph (d), there shall be inserted the following paragraphs -
-
"
(e) C2 seed of a listed variety that -
-
(i) has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
(ii) complies with the requirements of paragraphs (a)(ii) to (iv); and
(f) C2 seed -
-
(i) of a previously listed variety that is on the OECD list;
(ii) that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
(iii) that complies with the requirements of paragraphs (a)(ii) to (iv); and
(iv) for which a marketing extension is in force,";
(k) after sub-paragraph (b) of paragraph 44 of part III, there shall be inserted the following sub-paragraph -
-
"
(bb) third country officially certified C2 seed of a listed variety;".
(l) in paragraph 57(1) of part IV -
-
(i) in paragraph (b)(ii), for the words "Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "Part A of Annex II to the Third Country Equivalence Decision";
(ii) in paragraph (c), for the words "paragraph 2 of Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision"; and
(iii) in paragraph (e), for the words "a part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate";
(m) in paragraph 58(1) of part IV -
-
(i) in paragraph (b)(ii), for the words "Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "Part A of Annex II to the Third Country Equivalence Decision";
(ii) in paragraph (c), for the words "paragraph 2 of Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision"; and
(iii) in paragraph (e), for the words "a Part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate"; and
(n) after paragraph 58 of part IV there shall be inserted the following paragraph -
-
"
Not finally certified C2 seed harvested in an equivalent third country
59. - (1) In these Regulations "not finally certified C2 seed harvested in an equivalent third country" means C2 seed -
-
(a) to which sub-paragraph (2) applies;
(b) that has been harvested from a crop that -
-
(i) has been produced in an equivalent third country directly from officially certified basic seed or C1 seed, and
(ii) has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C2 seed;
(c) that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;
(d) that has been imported into the United Kingdom as not finally certified seed; and
(e) that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.
(2) This sub-paragraph applies to C2 seed of -
-
(a) a listed variety;
(b) a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or
(c) a previously listed variety that is on the OECD List and for which a marketing extension is in force.".
(14) In Schedule 4 -
-
(a) in paragraph 5 of part II -
-
(i) in sub-paragraph (11), after the words "sample of C1" the words "or C2" shall be deleted; and
(ii) in sub-paragraph (12), after the words "sample of C1" the words "or C2" shall be deleted;
(b) in paragraph 11(b) of part II, for the words "CS seed" there shall be substituted the words "C1 seed";
(c) in paragraph 12 of part II -
-
(i) in sub-paragraph (1), for the words "CS seed" there shall be substituted the words "C1 seed"; and
(ii) in sub-paragraph (2), for the words "CS seed" there shall be substituted the words "C1 seed";
(d) in paragraph 13 of part II, for the word "Sinapsis" there shall be substituted the word "Sinapis"; and
(e) in the table in paragraph 14(1) of part II, in the entry for "field bean" in paragraph 4(c) of column 2, for the number "85" there shall be substituted the number "80".
(15) In the table in Schedule 5 -
-
(a) in paragraph 1(f) of column 1, after the word "EC" there shall be inserted the words ", third country"; and
(b) in paragraph 1(g) of column 1, after the word "EC" there shall be inserted the words ", third country".
(16) In Schedule 6, after paragraph 18 there shall be inserted the following paragraph -
-
"
(18A) Third country officially certified C2 seed of a listed variety.".
(17) In Schedule 8 -
-
(a) after paragraph 5(d) of part III, there shall be inserted the following paragraph -
-
"
(da) in the case of x Festulolium, the names of the species within the genus Festuca and Lolium;";
(b) in paragraph 9 of part IV -
-
(i) after the words "not previously been used" there shall be inserted the words "or an official stamp"; and
(ii) after sub-paragraph (e) there shall be inserted the following sub-paragraph -
-
"
(ea) in the case of x Festulolium, the names of the species within the genus Festuca and Lolium;";
(c) in paragraph 10 of part IV, after the words "official label" there shall be inserted the words "or official stamp";
(d) in paragraph 11 of part IV, after the word "label" there shall be inserted the words "or stamp";
(e) in paragraph 12 of part IV, after the word "label" there shall be inserted the words "or stamp";
(f) after paragraph 13 of part IV, there shall be inserted the following paragraph -
-
"
13A.
The stamp referred to in paragraph 9 -
-
(a) shall be -
-
(i) an indelible stamp; or
(ii) an indelible stamp affixed to the package by a stamping device approved by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; and
(b) shall be affixed to the package by -
-
(i) an authorised officer or any person being supervised by such a person; or
(ii) a licensed seed sampler or any person being supervised by such a person.";
(g) in paragraph 25 of part VI -
-
(i) for the words "The label shall contain the following information" there shall be substituted the words "The package shall be labelled, not later than the time of sealing, on the outside with an official label that has not previously been used containing the following particulars"; and
(ii) after sub-paragraph (f) there shall be inserted the following sub-paragraph -
-
"
(fa) in the case of x Festulolium, the names of the species within the genus Festuca and Lolium;"; and
(h) after paragraph 28 of part VI, there shall be inserted the following paragraph -
-
"
28A.
The label referred to in paragraph 28 -
-
(a) shall be -
-
(i) an adhesive label; or
(ii) an adhesive label affixed to the package by a sealing device approved by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; and
(b) shall be affixed to the package by -
-
(i) an authorised officer or any person being supervised by such a person; or
(ii) a licensed seed sampler or any person being supervised by such a person.".
(18) In Schedule 10 -
-
(a) after the entry for "Alsike clover" there shall be inserted the following entry -
| Annex II.A(3) official certificate | Regulation 2(1)"; |
(b) after the entry for "CS seed" there shall be inserted the following entry -
| Deliberate Release Directive | Regulation 2(1)"; |
(c) after the entry for "fodder radish" there shall be inserted the following entry -
| Food and Feed Regulation | Regulation 2(1)"; |
(d) after the entry for "official sample" there shall be inserted the following entry -
| official stamp | Regulation 2(1)"; |
(e) the entry for "Part II.A(3) official certificate shall be deleted; and
(f) after the entry for "third country officially certified C1 seed of a listed variety" there shall be inserted the following entry -
| "third country officially certified C2 seed of a listed variety". | Paragraph 40A of Schedule 1 |
Ben Bradshaw
Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs
10th September 2004
(This note is not part of the Regulations)
These Regulations amend the Fodder Plant Seed (England) Regulations 2002 (SI 2002/3172) (the "2002 Regulations").
The amendments to the 2002 Regulations give effect in England to Commission Decision 2004/266/EC (O.J. L 83 20.3.2004, p23) authorising the indelible printing of prescribed information on packages of seed of fodder plants; and Commission Directive 2004/55/EC (O.J. L 114 21.4.2004, p18) amending Council Directive 66/401/EEC on the marketing of fodder plant seed.
The amendments to the 2002 Regulations -
-
(a) provide that required information on packages of basic and certified seed may either be contained on an official label or on an official stamp (Regulations 2(2)(k); 2(17)(b)(i); 2(17)(c); 2(17)(d); 2(17)(e); 2(17)(f);and 2(18)(d));
(b) amend the definition of Festulolium to cover crossings of Festuca spp. with Lolium spp. (Regulations 2(3)(b); 2(17)(a); 2(17)(b)(ii); and 2(17)(g)(ii));
(c) reduce the minimum germination standard for seed of field beans from 85% to 80% (Regulation 2(14)(e));
(d) update references to "the Third Country Equivalence Decision" to take account of Council Decision 2003/17/EC (O.J. No. L8, 14.1.2003, p. 10) on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries, as last amended by Council Regulation (EC) No 885/2004 (O.J. No. L168, 1.5.2004, p. 1) (Regulations 2(2)(a); 2(2)(b); 2(2)(l); 2(2)(n); 2(5); 2(6)(c); 2(11); 2(12); 2(13); 2(15); 2(16); 2(18)(a); 2(18)(e); and 2(18)(f));
(e) provide for Switzerland to be treated as a member state for the purpose of the 2002 regulations, in accordance with Annex 6 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (O.J. No. L114, 30.4.2002, p. 132) (Regulation 2(2)(j));
(f) amend references to "equivalent third countries" to take account of the accession of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia to the EC (Regulations 2(2)(e); and 2(2)(f));
(g) provide that, where there is a requirement for a consent to have been obtained in relation to seed of genetically modified varieties, a consent can be obtained either in accordance with Council Directive 2001/18/EC (O.J. No. L106, 17.4.2001, p. 1) on the deliberate release to the environment of genetically modified organisms or in accordance with Council Regulation (EC) No 1829/2003 (O.J. No. L268, 18.10.2003, p. 1) on genetically modified food and feed (Regulations 2(2)(h); 2(8); 2(9); and 2(18)(c));
(h) correct errors (Regulations 2(2)(m); 2(3)(a); 2(4); 2(6)(a); 2(6)(b); 2(7); 2(10); 2(13)(b)(i); 2(14)(a); 2(14)(b); 2(14)(c); 2(14)(d); 2(17)(g)(i) and 2(17)(h)); and
(i) update references to amended EC legislation (Regulations 2(2)(c); 2(2)(d); 2(2)(g); and 2(18)(b)).
A Transposition Note has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Transposition Note can be obtained from the Plant Variety Rights Office and Seeds Division of the Department for Environment, Food and Rural Affairs, White House Lane, Huntingdon Road, Cambridge CB3 0LF.
A regulatory impact assessment has not been prepared for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.
Notes:
[1] 1964 c. 14; section 16 was amended by section 4(1) of, and paragraph 5(1), (2) and (3) of Schedule 4 to, the European Communities Act 1972 (c. 68), S.I. 1977/1112 and section 2 of the Agriculture Act 1986 (c. 49); see section 38(1) for a definition of "the Minister".back
[2] Under the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2(1) and Schedule 1, the functions transferred to the Secretary of State by the 1978 transfer Order were transferred to the National Assembly for Wales; under the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to England, transferred to the Secretary of State.back
[4] O.J. No. L193, 20.7.2002, p. 1.back
[5] O.J. No. L106, 17.4.2001, p. 1.back
[6] O.J. No. L268, 18.10.2003, p24.back
[7] O.J. No. L125, 11.7.66, p. 2298/66 (OJ/SE 1965-66 p. 132).back
[8] O.J. No. L 83, 20.3.2004, p.23.back
[9] O.J. No. L 114, 21.4.2004, p.18.back
[10] O.J. No. L116, 22.4.2004, p. 39.back
[11] O.J. No. L268, 18.10.2003, p. 1.back
[12] O.J. No. L8, 14.1.2003, p. 10.back
[13] O.J. No. L168, 1.5.2004, p. 1.back
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