Beet Seeds (Amendment) (Wales) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3658 |
| Year | 2001 |
2001 No. 3658 (W. 295 )
SEEDS, WALES
The Beet Seeds (Amendment) (Wales) Regulations 2001
Made 8th November 2001
Coming into force 29th November 2001
The National Assembly for Wales, in exercise of the powers under sections 16(1), (1A), (2), (3), (4) and (5) and 36 of the Plant Varieties and Seeds Act 19641now vested in it2and of all other powers enabling it in that behalf, after consultation, in accordance with section 16(1) of that Act with representatives of such interests as appear to it to be concerned, hereby makes the following Regulations:
Title, commencement and application
1.—(1) These Regulations are called the Beet Seeds (Amendment) (Wales) Regulations 2001 and shall come into force on 29th November 2001.
(2) These Regulations apply to Wales only.
Amendment of the Beet Seeds Regulations 1993
2.—(1) The Beet Seeds Regulations 19933shall, in so far as they apply to Wales, be amended in accordance with the following provisions of these Regulations.
(2) Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in the Beet Seeds Regulations 1993.
Regulation 3 (Interpretation)
3.—(1) In paragraph (1) of regulation 3 —
(a)
(a) in the appropriate place insert the following definitions —
““genetically modified” has the same meaning as for the purposes of Council Directive 90/220/EEC4on the deliberate release into the environment of genetically modified organisms;”;
““the National Assembly” means the National Assembly for Wales;”; and
““third country” means a country listed in the Annex to Council Decision 95/5145;”
(b)
(b) omit the definition of “marketing” and the reference to the construction of the related expressions of “market” and “marketed”
(c)
(c) for the definition of “official examination” substitute —
““official examination” means —
(a) in relation to Certified Seed produced in the United Kingdom —
(i) an examination or a test carried out by or on behalf of the National Assembly, the Minister of Agriculture, Fisheries and Food, the Secretary of State, the Scottish Ministers or the (Northern Ireland) Department of Agriculture and Rural Development;
(ii) an examination carried out under official supervision; or
(iii) a test carried out by an establishment licensed as a seed testing station under official supervision;
(b) in relation to Uncertified Pre-Basic Seed, Pre-basic Seed and Basic Seed, produced in the United Kingdom—
(i) an examination or a test carried out by or on behalf of the National Assembly, the Minister of Agriculture, Fisheries and Food, the Secretary of State, the Scottish Ministers, or the (Northern Ireland) Department of Agriculture and Rural Development; or
(ii) a test carried out by an establishment licensed as a seed testing station under official supervision; and
(c) in relation to any description of seed produced elsewhere than in the United Kingdom, an examination or a test approved by the National Assembly, the Minister of Agriculture, Fisheries and Food, the Secretary of State, the Scottish Ministers, or the (Northern Ireland) Department of Agriculture and Rural Development;”; and
(d)
(d) omit the definition of “small package”.
(2) After paragraph (3) of regulation 3 insert —
“3A For the purposes of these Regulations, seeds —
(a) produced and packaged in a Member State other than the United Kingdom or in a third country;
(b) accompanied by a document issued by a competent authority concerned with the certification of beet seeds in that Member State or third country containing information specified (in respect of packages of seed not finally certified) at paragraph C(b) of Part I of Schedule 6; and
(c) in respect of which an application has been made for a breeder’s confirmation under these Regulations,
shall be deemed to be seeds produced from seeds issued with such a breeder’s confirmation.
3B For the purposes of these Regulations, seeds —
(a) produced and packaged in a Member State other than the United Kingdom or in a third country;
(b) accompanied by a document issued by a competent authority concerned with the certification of beet seeds in that Member State or third country containing information specified (in respect of packages of seed not finally certified) at paragraph C(b) of Part I of Schedule 6; and
(c) in respect of which an application has been made for an official certificate under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation or an official certificate.
3C For the purposes of these Regulations, seeds —
(a) produced and packaged in a Member State other than the United Kingdom or a third country;
(b) labelled in accordance with the requirements of regulation 9; and
(c) in the case of a small EC package of seeds, sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than a small EC package of seeds, sealed by a competent authority concerned with the certification of beet seeds in that Member State or third country,
shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above”.
(3) After paragraph (4) of regulation 3, add —
“5 In these Regulations “marketing” means —
(a) selling, holding with a view to sale and offering for sale; and
(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,
whether or not for consideration; and “market” and “marketed” shall be construed accordingly.
6 Trade in seed not aimed at commercial exploitation of the variety, such as the following operations —
(a) the supply of seed to official testing and inspection bodies; or
(b) the supply of seed to any person for the purpose of processing or packaging the seed provided that person does not acquire title to the seed supplied,shall not be treated as marketing of seed of that variety.”.
Regulation 4 (Seeds to which the Beet Seeds Regulations 1993 apply)
4. In regulation 4 —
(a) in paragraph (1), for “Subject to paragraph (2) and (3) below” substitute “Subject to paragraph (2) below”;
(b) in paragraph (2), omit sub-paragraphs (b),(c) and (d); and
(c) omit paragraph (3).
Regulation 5 (Marketing of seeds)
5. In regulation 5 —
(a) in paragraph (1)(b), after “regulation 9(1),” insert “(1B),”;
(b) after paragraph (1)(c), add —
“, or
(a) in the case of genetically modified seeds, clearly indicated, in the sales catalogue of the person marketing the seeds and in any other marketing information or marketing representations provided by that person, as having been genetically modified.”;
(c) after paragraph (1), insert —
“1A Paragraph (1) above shall not prevent the marketing of seed as grown, marketed for processing, provided that the identity of the seed is ensured.”;
(d) after paragraph (2), insert —
“2A Where there is an arrangement under which—
(a) seed, other than seed which contains any genetically modified material, under the control of one person (“the first person”) is used by another person (“the second person”) for the purpose of —
(i) increasing the first person’s stock of the seed for sowing; or
(ii) carrying out tests or trials on the seed; and
(b) everything produced from the seed, whether directly or indirectly, and any unused seed, become or remain the property of the first person,
the prohibitions in paragraph (1) above shall not apply to the marketing of the seed by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of any seed produced (whether directly or indirectly) from that seed.
2B The prohibitions in paragraph (1) above shall not apply to the marketing by producers of small quantities of seed, other than seed which contains any genetically modified material, for scientific purposes or selection work.
2C If the conditions specified in paragraph (2D) below are satisfied, the prohibitions in paragraph (1) above shall not apply to—
(a) the marketing, as part of any arrangement referred to in paragraph (2A) above by the first person referred to in that paragraph to the second person referred to in that paragraph, of seed which contains any genetically modified material;
(b) the marketing, as part of any arrangement referred to in paragraph (2A) above by the second person referred to in that paragraph to the first person referred to in that paragraph, of seed produced (whether directly or indirectly) from the seed marketed to him as part of any such arrangement which contains any genetically modified material; or
(c) the marketing by producers, for scientific purposes or selection work, of small quantities of seed which contains any genetically modified material.
2D The conditions referred to in paragraph (2C) above are —
(a) the deliberate release of the genetically modified material has been authorised under a Part B consent, or the genetically modified material has been accepted for marketing in accordance with a Part C consent, issued for the purposes of Council Directive 90/220/EECon the deliberate release into the environment of genetically modified organisms;
(b) the seeds are accompanied during marketing by a copy of the consent;
(c) all appropriate measures, in accordance with an environmental risk assessment in respect of the material carried out in accordance with article 7(4) of Council Directive 70/457/EEC6have been taken by the producer of the seed to avoid adverse effects on human health and the environment; and
(d) in the case of genetically modified material accepted for marketing in accordance with a Part C consent, an authorisation has been granted...
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