The Beet Seed (Scotland) (No. 2) Regulations 2010

JurisdictionScotland
CitationSSI 2010/148
Year2010
(1) These Regulations may be cited as the Beet Seed (Scotland) (No. 2) Regulations 2010.(2) These Regulations, other than regulation 25(1) , come into force on 20th April 2010.(3) Regulation 25(1) comes into force on 19th April 2010.(4) These Regulations extend to Scotland only.(1) In these Regulations—
  • F16“the 2016 Regulations” means the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016;
  • the Act” means the Plant Varieties and Seeds Act 1964;
  • additional region” means the region for seed production approved by the Scottish Ministers for the purposes of the second paragraph of Article 11(1) (additional regions) of Commission Directive 2008/62;
  • Basic Seed” has the meaning given in paragraph 3 of Part II of Schedule 1;
  • Beet” means plants of the species specified in Part I of Schedule 1;
  • F27“the Beet Seed Directive” means Council Directive 2002/54/EC on the marketing of beet seed;
  • “breeder”—
    • (a) in relation to a variety which has not been accepted on to a UK National List or the Common Catalogue, includes any person lawfully multiplying (on that person's own account) seed bred by another; and
    • (b) in relation to a variety which has been so accepted, means the person who is indicated in the relevant UK National List or in the Common Catalogue as responsible for maintaining the plant variety in accordance with the characteristics to which regard was had when the plant variety was accepted on to the relevant UK National List or Common Catalogue;
  • breeder's confirmation” means a document issued by the Scottish Ministers in accordance with Part II of Schedule 2 containing in respect of the seed to which it relates the particulars specified in paragraph 2 of Schedule 3;
  • breeder's designation” means the title, name or other designation proposed by a breeder for a new plant variety which is the subject of an application for acceptance on to a UK National List;
  • Breeder's Seed” has the meaning given in paragraph 1 of Part II of Schedule 1;
  • Certified Seed” has the meaning given in paragraph 4 of Part II of Schedule 1;
  • the 2004 Commission Decision” means Commission Decision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted ;
  • Commission Directive 2008/62” means Commission Directive 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 ;
  • Commission Regulation 217/2006” means Commission Regulation (EC) No. 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination ;
  • Common Catalogue” means the Common Catalogue of varieties of species of agricultural plants published in the Official Journal of the F30European Union;
  • the Common Catalogue Directive” means Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species ;
  • component” means—
    • (a) in the case of Pre-Basic Seed, a component used in the production of a hybrid variety; and
    • (b) in the case of Basic Seed, a component of a hybrid variety;
  • Conservation Variety” means the landraces or varieties of agricultural plant species which are naturally adapted to local and regional conditions and threatened by genetic erosion and are contained within a UK National List and for these purposes—
    • (a) landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and
    • (b) genetic erosion” means loss of genetic diversity between and within populations of varieties of the same species over time or reduction of the genetic basis of a species due to human intervention or environmental change;
  • control plot” means a plot sown by a European Authority with seed from a submitted sample taken—
    • (a) by a European Authority;
    • (b) by a licensed seed sampler; or
    • (c) by an applicant of seed of a Conservation Variety;
  • the 2001 Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC;
  • Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;
  • early movement seed” means seed marketed under regulation 12;
  • Equivalence Decision” means Council Decision 2003/17/EC 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 ;
  • European Authority” means a National Authority or a competent seed certification authority of an EEA state other than the United Kingdom and “by a European Authority” means—
    • (a) by or on behalf of the Department of Agriculture and Rural Development;
    • (b) by or on behalf of the Welsh Ministers;
    • (c) by or on behalf of the Scottish Ministers;
    • (d) by or on behalf of the Secretary of State; or
    • (e) by a competent seed certification authority of an EEA...

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