The Beet Seed (Scotland) Regulations 2010
| Jurisdiction | Scotland |
| Citation | SSI 2010/67 |
2010 No. 67
Seeds
The Beet Seed (Scotland) Regulations 2010
Made 24th February 2010
Laid before the Scottish Parliament 25th February 2010
Coming into force 20th April 2010
The Scottish Ministers make the following Regulations in exercise of powers conferred by sections 16(1), (1A), (2), (3), (4) and (5) and 17(1), (2), (3) and (4) and 36 of the Plant Varieties and Seeds Act 19641and all other powers enabling them to do so.
In accordance with section 16(1) of that Act, they have consulted with representatives of such interests as appear to them to be concerned.
PART I
GENERAL
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Beet Seed (Scotland) Regulations 2010, and shall come into force on 20th April 2010.
(2) These Regulations extend to Scotland only.
Interpretation
2.—(1) In these Regulations—
“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) 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;
“the Beet Seed Directive” means Council Directive 2002/54/ECon the marketing of beet seed2as amended3;
“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 their 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/ECconcerning 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 submitted4;
“Commission Directive 2008/62” means Commission Directive 2008/62/ECproviding 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 varieties5;
“Commission Regulation 217/2006” means Commission Regulation (EC) No. 217/2006laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/ECand 2002/57/ECas regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination6;
“Common Catalogue” means the Common Catalogue of varieties of species of agricultural plants published in the Official Journal of the European Communities;
“the Common Catalogue Directive” means Council Directive 2002/53/ECon the common catalogue of varieties of agricultural plant species7as amended8;
“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/ECof the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC9as amended10;
“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;
“EEA State” means an EEA State, Norway, Iceland or Liechtenstein;
“Equivalence Decision” means Council Decision 2003/17/ECon the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries11as amended12;
“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 State other than the United Kingdom;
“first buyer by way of trade” has the same meaning as for the purposes of the Beet Seed Directive;
“the Food and Feed Regulation” means Regulation (EC) No. 1829/2003/EC of the European Parliament and of the Council on genetically modified food and feed13as amended14;
“fully certified” means—
(a) officially certified; or
(b) certified by a European Authority other than the Scottish Ministers,
as satisfying the conditions specified for the relevant category of seed in Part II of Schedule 1 and either in Schedule 4 or in Annex I of the Beet Seed Directive;
“genetically modified” has the same meaning as for the purposes of the 2001 Deliberate Release Directive;
“homogeneous seed lot” means a seed lot in which the seed has been so mixed or blended that it is as uniform as practicable and, as far as is practicable, the seed lot shows no evidence of heterogeneity;
“licensed crop inspector” means a person who holds a current licence to be a crop inspector granted by—
(a) the Scottish Ministers under regulation 11(1) (licences) of the RLE Regulations; or
(b) a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;
“licensed EU crop inspector” means a person authorised by a competent seed certification authority in an EEA State other than the United Kingdom, pursuant to Article 2(3)(A)(a) of the Beet Seed Directive, to carry out field inspections of crops in that EEA State;
“licensed seed sampler” means a person who holds a current licence to be a seed sampler granted by—
(a) the Scottish Ministers under regulation 18(1) (licences) of the RLE Regulations; or
(b) a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;
“licensed seed testing station” means an establishment which holds a current licence for testing of seed granted by—
(a) the Scottish Ministers under regulation 25(1) (licences) of the RLE Regulations; or
(b) a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;
“lower germination seed” means seed marketed under regulation 11;
“monogerm seed” means seed produced on genetically monogerm plants, the percentage of germinated clusters producing single seedlings being not less than the minimum specified in Part II of Schedule 4;
“National Authority” means the Department of Agriculture and Rural Development, the Welsh Ministers, the Scottish Ministers or the Secretary of State;
“natural seeds” means seed of non-monogerm varieties, which have not been processed as precision seeds;
“official certificate” means a certificate issued by the Scottish Ministers in accordance with these Regulations and “officially certified” shall be construed accordingly;
“official control” means under the supervision of, and in accordance with any conditions set by, a European Authority;
“official examination” means—
(a) in relation to seed of Certified Seed—
(i) an examination or a test carried out by the Scottish Ministers or a European Authority; or
(ii) if the seed has undergone official post control the results of which have been satisfactory, a field examination carried out by a licensed crop inspector; or
(iii) a test carried out by a licensed seed testing station; and
(b) in relation to Pre-Basic Seed and Basic Seed—
(i) an examination or a test carried out by the Scottish Ministers or a European Authority; or
(ii) a test carried out by a licensed seed testing station;
“official field inspection” means a field examination of a crop carried out—
(a) by a European Authority; or
(b) in the case of seed which, if it were fully certified would be Certified Seed, and which has been harvested from a crop which has been produced from seed that has undergone official post-control the results of which have been satisfactory, by a licensed crop inspector or a licensed...
To continue reading
Request your trial