The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019

• (a) in paragraph (1)(b)(i), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List

• (b) in paragraph (2)(c), omit “or Annex I(A) (crop conditions) of the Beet Seed Directive”,

• (ba) in paragraph (4), for “a European” substitute “an International”,

• (c) in paragraph (5), for “a country which is not an EEA state” substitute “ outside the United Kingdom ”,

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) in paragraph (6)—

• (i) omit “, by reason only of Article 3(2) (component varieties) of the Common Catalogue Directive,”,

• (ii) for “the UK National List” substitute “a GB Variety List or an NI Variety List”.

• (5) In regulation 6A (importation from outside the European Union)—

• (a) in the heading, for “outside the European Union” substitute “a country granted equivalence”,

• (b) for “outside the European Union” substitute “a country granted equivalence”.

• (6) For regulation 7(1) (general exemptions) substitute—

(1) The Scottish Ministers may, by a general licence, authorise— (a) a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act; or (b) exemption from any provisions of these Regulations to the extent that the provisions of the general licence are— (i) necessary in order to overcome any temporary difficulties in the supply of basic or certified seed— (aa) by permitting the marketing of seed of a category subject to less stringent requirements, or of seed of a variety not included in a GB Variety List or an NI Variety List; (bb) for a specified period; and (cc) in quantities necessary to resolve the supply difficulties; or (ii) permitted by Commission Regulation 217/2006 or an authorisation granted thereunder. (1A) The duration of a temporary experiment referred to in paragraph (1)(a) must not exceed 7 years. (1B) When seed is marketed in accordance with paragraph (1)(b)(i), the following labelling requirements apply— (a) for a category of seed of any given variety, the official label must be that provided for the corresponding category; (b) for seed of varieties not included in a GB Variety List or an NI Variety List the colour of the official label must be brown; (c) the label must always state that the seed in question is of a category satisfying less stringent requirements.

• (7) In regulation 8 (exception for scientific purposes or selection work)—

• (a) for paragraph (1)(b) substitute—

(b) an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority.

• (b) for paragraph (4) substitute—

(4) The Scottish Ministers may only grant an authorisation under this regulation in respect of a genetically modified variety if the marketing and release of the genetically modified material by the applicant has been authorised— (a) before the day on which IP completion day falls, under Part C of the 2001 Deliberate Release Directive, (b) under the Food and Feed Regulation, or (c) under the GMO Regulations.

• (8) In regulation 9 (exception for test and trial seed)—

• (a) for paragraph (1) substitute—

(1) Regulation 6(1) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with— (a) a tests and trials authorisation; or (b) an authorisation which has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority.

• (b) in paragraph (4)—

• (i) for sub-paragraph (a) substitute—

(a) the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under— (i) regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or (ii) the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;

• (ii) for sub-paragraph (b) substitute—

(b) in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised— (i) before the day on which IP Completion day falls, under Part C of the 2001 Deliberate Release Directive; (ii) under the Food and Feed Regulation; or (iii) under the GMO Regulations;

• (c) in paragraph (6), for “that permitted by Article 7 (quantities) of the 2004 Commission Decision” substitute “ the greater of 0.1% of the annual number of seeds used in the United Kingdom and such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares ”,

• (d) in paragraph (9), for “UK National List” to the end substitute “GB Variety List or an NI Variety List.”,

• (e) in paragraph (10), for “names of the EEA states” to the end substitute “location of the trials within the United Kingdom.”.

• (9) In regulation 10 (exception for Conservation Varieties), after paragraph (7) insert—

(7A) For the purposes of paragraph (7), Article 14 of Commission Directive 2008/62 is to be read as if— (a) in the first paragraph— (i) “Each Member State shall ensure that,” was omitted, (ii) for “does not exceed”, there were substituted “ may not exceed ”, (iii) for “that Member State”, there were substituted “ Great Britain ”, (b) in the second paragraph— (i) for “each Member State”, there were substituted “ Great Britain ”, (ii) for “the Member State” in both places where it occurs, there were substituted “ Great Britain ”.

• (10) In regulation 11 (marketing of officially certified lower germination seed)—

• (a) in paragraph (1)—

• (i) in the words before sub-paragraph (a), omit “or Annex I (conditions for certification) of the Beet Seed Directive”,

• (ii) for sub-paragraph (b) substitute—

(b) which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in Part II of Schedule 4 in relation to Basic Seed— (i) by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain; or (ii) by the NI Authority, in accordance with the applicable requirements in Northern Ireland; or

• (iii) for sub-paragraph (c)(ii) substitute—

(ii) in the case of seed which has been fully certified as being Pre-Basic Seed or Basic Seed— (aa) by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain, irrespective of the findings of the GB Authority; or (bb) by the NI Authority, in accordance with the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.

• (b) in paragraph (3), for the words “from a country” to the end substitute “into Great Britain from a country granted equivalence.”.

• (11) In regulation 12 (marketing of early movement seed)—

• (a) in paragraph (1)—

• (i) in sub-paragraph (a), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

• (ii) for sub-paragraph (b) substitute—

(b) (i) any seed lot has, in order to make seed rapidly available, been certified by— (aa) a GB Authority other than the Scottish Ministers; or (bb) the NI Authority; and (ii) the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,

• (b) in paragraph (3)—

• (i) for “European Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,

• (ii) omit “or Annex I(B) of the Beet Seed Directive”,

• (c) in paragraph (4), for the words “from a country” to the end substitute “into Great Britain from a country granted equivalence.”.

• (12) In regulation 15 (official certificates)—

• (a) in paragraph (3), for “UK National List (or an equivalent list in another EEA State)” in both places where it occurs, substitute “GB Variety List or an NI Variety List,

• (b) in paragraph (4)(d) omit “or licensed EU crop inspector”.

• (13) In regulation 16 (breeder’s confirmations), in paragraphs (1)(c), (5) and (6), for the words “UK National List (or to an equivalent list in another EEA State)” in each place they occur substitute “GB Variety List or an NI Variety List”.

• (14) In regulation 17(1)(a) (sampling), for “a European” substitute “an International”.

• (15) In regulation 18 (sealing of packages of seed)—

• (a) for paragraph (2)(b) substitute—

(b) sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

• (b) in paragraph (5)—

• (i) in the words before sub-paragraph (a), omit “EC”,

• (ii) in sub-paragraph (b), for “National Authority other than the Scottish Ministers” substitute “GB Authority, other than the Scottish Ministers, or the NI Authority”,

• (c) in paragraph (6), omit “EC.

• (16) In regulation 19 (labelling of packages of seed)—

• (a) in paragraph (2)—

• (i) omit “EC”,

• (ii) for sub-paragraph (b) substitute—

(b) where it is sealed in any other part of the United Kingdom, must— (i) be labelled in accordance with the applicable requirements for labelling in the relevant part of the United Kingdom in relation to the relevant category of seed, and (ii) contain an official document in accordance with the applicable requirements for official documents in the relevant part of the United Kingdom.

• (b) in paragraph (10), omit “EC”,

• (c) in paragraph (15), for “one of the official languages of the European Union” substitute “ English but may also be given in other languages ”.

• (17) Regulation 20 (comparative tests and trials) is omitted.

• (18) After regulation 23 (written and electronic communication) insert—

(23A) Any seed certified and labelled in a Crown Dependency or a country granted equivalence under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations may be marketed in Scotland. (23B) A label pre-printed before IP completion day which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for a package of Basic Seed, Certified Seed or Seed of a Conservation Variety, for the purposes of any use of that label before the end of the period of twelve months beginning with the day after the day on which IP completion day falls.

• (19) In schedule 1 (species and categories of beet seed), in Part II (categories of seed that may be marketed)—

• (a) in the definition of “Pre-basic Seed”, for paragraph 2(c)(ii) substitute—

(ii) has been certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in sub-paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom.

• (b) in the definition of “Basic Seed”, for paragraph 3(c)(ii) substitute—

(ii) has been certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in sub-paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom.

• (c) in the definition of “Certified Seed”, for paragraph 4(b)(ii) substitute—

(ii) has been certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in sub-paragraph (a) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom.

• (20) In schedule 2 (official certificates and breeder's confirmations)—

• (a) in Part I (official certificates)—

• (i) in paragraph 1 (applications for seed harvested in the United Kingdom), omit “but not made in pursuance of Article 22 (certification of seed from other EEA states or equivalent third countries) of the Beet Seed Directive”,

• (ii) for paragraph 4 (applications for seed harvested in an EEA State or third country) substitute—

(4) (1) Notwithstanding paragraphs 2 and 3, and subject to sub-paragraphs (2) and (3), on receipt of an application made in accordance with regulation 15(1) for the issue of an official certificate in respect of a seed lot as Pre-Basic Seed, Basic Seed or Certified Seed, the Scottish Ministers may issue an official certificate in respect of the seed lot containing the particulars specified in paragraph 1 of Schedule 3. (2) An official certificate may only be issued under sub-paragraph (1) if— (a) the seed has been— (i) produced directly from— (aa) fully certified Basic Seed or Certified Seed, or (bb) seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed or Certified Seed in accordance with these Regulations, (ii) harvested outside the United Kingdom, and (iii) shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed; (b) the seed has been— (i) produced directly from the crossing of fully certified Basic Seed with seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed in accordance with these Regulations, (ii) harvested outside the United Kingdom, and (iii) shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed; or (c) the seed— (i) is to be certified by the Scottish Ministers as Basic Seed, (ii) has been produced directly from— (aa) fully certified Pre-basic Seed, or (bb) seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Pre-basic Seed in accordance with these Regulations, (iii) has been harvested outside the United Kingdom, and (iv) has been shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed. (3) In the case of seed which has been harvested in a country granted equivalence, an official certificate may only be issued under sub-paragraph (1) provided that— (a) the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Part 1 of Schedule 4; and (b) has been packed in a sealed package in accordance with the requirements of regulation 18 (sealing of packages of seed) and has been labelled in accordance with the requirements of regulation 19 (labelling of packages of seed) and Schedule 6.

• (b) in Part II (breeder’s confirmations), in paragraph (7)(d) (when applications may be refused), for “UK National List (or to an equivalent list in an EEA state)” substitute “GB Variety List or an NI Variety List”.

• (21) In Schedule 4 (requirements for Pre-Basic Seed, Basic Seed, Certified Seed and Seed of a Conservation Variety), in Part I (conditions relating to crops from which seed is obtained)—

• (a) in paragraph 2(1) (varietal identity and varietal purity), for the words “UK National List” to the end substitute “GB Variety List or NI Variety List”,

• (b) in paragraph 5(2) (isolation distances – minimum distances), for “the Common Catalogue or UK National List” substitute “a GB Variety List or an NI Variety List”.

• (22) In schedule 6 (labelling)—

• (a) in paragraph 4 (official label for a package of Pre-Basic Seed), for “EEA state or their commonly used initials”, substitute “ country or country initials ”,

• (b) in paragraph 5(a) (official label for a package of Basic Seed or Certified Seed)—

• (i) in sub-paragraph (i), for “EC” substitute “ GB ”,

• (ii) in sub-paragraph (ii), for “EEA state or their commonly used initials”, substitute “ country or country initials ”,

• (c) in paragraph 6(a) (official label for a package of test and trial seed)—

• (i) in head (ii), for “EEA State or their distinguishing abbreviation” substitute “country or country initials”,

• (ii) in head (vii), for “the UK National” substitute “a GB Variety”,

• (d) in paragraph 7 (official label for a package of seed of a Conservation Variety)—

• (i) in sub-paragraph (1)(a)(i), for “EC” substitute “ GB ”,

• (ii) for sub-paragraph (2) substitute—

(2) Where a package of seed of a Conservation Variety is sealed in any other part of Great Britain, it must be labelled in accordance with the requirements for labelling applicable in the relevant part of Great Britain.

• (e) in Part III (small EC packages)—

• (i) in the heading, omit “EC”,

• (ii) in paragraph 11 (label for a small EC package of Pre-Basic Seed, Basic Seed or Certified Seed)—

• (aa) in the heading, omit “EC”,

• (bb) omit “EC” in both places where it occurs,

• (cc) for “EEA state or their initials” substitute “ country or country initials ”,

• (f) in Part V (information in respect of seed imported from countries which are not EEA States in packages exceeding 2 kilograms net weight)—

• (i) in the heading, for “which are not EEA States” substitute “outside the United Kingdom”,

• (ii) in paragraph 13 (information to be supplied in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms net weight)—

• (aa) in the heading, for “which is not an EEA State” substitute “outside the United Kingdom”,

• (bb) in the text before sub-paragraph (a), for “which is not an EEA State” substitute “outside the United Kingdom”,

• (g) in Part VI (printing of specified matters on packages (whole bag labelling)), in paragraph 17 (seed packages sealed in the United Kingdom but not in Scotland, or in an EEA State other than the United Kingdom)—

• (i) in the heading, for “an EEA State” substitute “a country”,

• (ii) for “EEA State” in both places where it occurs, substitute “country”,

• (iii) for “the Department of Agriculture and Rural Development” substitute “DAERA”.

The Seed Potatoes (Scotland) Regulations 2015

16

• (1) The Seed Potatoes (Scotland) Regulations 2015 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (za) after the definition of “agricultural unit” insert—

• “applicable GB grade” means—in relation to seed potatoes produced in Scotland, the GB grade determined in respect of those seed potatoes under regulation 8(2)(a) or, as the case may be, under regulation 15(2), and—in the case of pre-basic seed potatoes, means GB grade PBTC or GB grade PB;in the case of basic seed potatoes, means GB grade S, GB grade SE, or GB grade E;in relation to seed potatoes produced in a part of Great Britain other than Scotland, the GB grade determined in accordance with the relevant seed potatoes regulations,and references in these Regulations to “GB grade PBTC”, “GB grade PB”, “GB grade S”, “GB grade SE” and “GB grade E” are to be construed accordingly;,

• (a) in the definition of “applicable Union grade”—

• (i) omit sub-paragraph (a),

• (ii) in sub-paragraph (b), for “outside Scotland” substitute “ in Northern Ireland ”,

• (iii) omit “in relation to both cases as mentioned in paragraph (a) and (b)”,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in the definition of “basic seed potatoes”, in sub-paragraph (b), for the words from “in accordance” to the end substitute—

, stating that on examination of the potatoes they were certified as basic seed potatoes and that they have fulfilled the applicable requirements for the grade, in accordance with— 1. in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations; 2. in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to regulation 10(1)(b) and paragraphs 2 and 4 of Schedule 5; 3. ...

• (ca) omit the definition of “Common Catalogue”,

• (cb) after the definition of “Council Directive 2002/56/EC” insert—

• “country granted equivalence” means a country that has been assessed by Scottish Ministers as producing seed potatoes under conditions equivalent to those required by these Regulations;

• (d) after the definition of “crop inspection report” insert—

“Crown Dependency” means the Isle of Man and any of the Channel Islands;

• (da) after the definition of “declared net weight” insert—

• “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• (e) after the definition of “Directive 2001/18/EC” insert—

• “equivalent grade” means—for Northern Ireland, an equivalent Union grade;for a Crown Dependency or a country granted equivalence, a grade recognised by Scottish Ministers as being equivalent to a GB grade;
• “equivalent Union grade” means—for “GB grade PBTC”, “Union grade PBTC”;for “GB grade PB”, “Union grade PB”;for “GB grade S”, “Union grade S”;for “GB grade SE”, “Union grade SE”;for “GB grade E”, “Union grade E”;

• (f) after the definition of “genetically modified” insert—

the GMO Regulations” means— (a) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 , (b) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 , (c) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 , (d) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 ;

• (g) for the definition of “grade” substitute—

• “grade” includes the GB grade;
• “GB Variety List” means a list of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations;

• (ga) omit the definition of “National List”,

• (gb) after the definition of “National Lists Regulations” insert—

• “NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;

• (h) for the definition of “official document” substitute—

“official document” means— (a) in the case of seed potatoes produced in Scotland, a document issued or approved by the Scottish Ministers, which meet the requirements of schedule 5A; (b) in the case of seed potatoes produced outside Scotland, a document issued or approved by the relevant authority in the country or territory where the seed potatoes were produced, which meets the requirements of— (i) in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations; (ii) in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to the requirements of schedule 5A; (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) in the definition of “official label”, for sub-paragraph (b) substitute—

(b) in the case of seed potatoes produced outside Scotland, a label approved by the relevant authority in the country or territory where the seed potatoes were produced and which meets, as appropriate to the seed potatoes to which the label relates, the requirements of— (i) in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations; (ii) in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to the requirements of regulation 10 and schedule 5; (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) for the definition of “outside Scotland” substitute—

• “outside Scotland”, in relation to the place of production of seed potatoes means—any part of the British Islands other than Scotland; ora country granted equivalence;

• (k) in the definition of “pre-basic seed potatoes”, in sub-paragraph (b), for the words “Article 18(f)” to the end substitute—

the requirements of— 1. in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations; 2. in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to the requirements of regulation 10(1)(a) and paragraphs 1 and 4 of Schedule 5; 3. ...

• (l) in the definition of “relevant authority”, omit “for the purposes of Council Directive 2002/56/EC”,

• (m) after the definition of “relevant authority”, insert—

“the seed potatoes regulations” means— (a) in relation to England, the Seed Potatoes (England) Regulations 2015 ; (b) in relation to Wales, the Seed Potatoes (Wales) Regulations 2016 ; (c) in relation to Northern Ireland, the Seed Potatoes Regulations (Northern Ireland) 2016 , and “the relevant seed potatoes regulations”, in relation to any constituent part of the United Kingdom, means the seed potatoes regulations applicable in relation to that part.

• (n) in the definition of “scientific and selection seed potatoes”, in sub-paragraph (b), for the words “Article 6(1)(a)” to the end substitute—

the requirements of— 1. in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations; 2. in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to the requirements of regulation 6; 3. ...

• (o) in the definition of “test and trial seed potatoes”, in sub-paragraph (b), for the words “the requirements” to the end substitute—

the requirements of— 1. in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations; 2. in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to the requirements of regulations 5 and 10(1)(c) and paragraphs 3 and 4 of Schedule 5; 3. ...

• (3) Omit regulation 2(3).

• (4) In regulation 4 (general provisions on the marketing of seed potatoes)—

• (za) in paragraph (3)—

• (i) in sub-paragraph (a), for “the United Kingdom” substitute “Great Britain”,

• (ii) in sub-paragraph (b), for “National List” substitute “GB Variety List or NI Variety List”,

• (a) in paragraph (5), for “Union” substitute “GB”;

• (b) for paragraph (6)(b) substitute—

(b) in the case of basic seed potatoes in respect of which the applicable GB grade or, as the case may be, the applicable Union grade is— (i) GB grade S or Union grade S, the fifth field generation, (ii) GB grade SE or Union grade SE, the sixth field generation, (iii) GB grade E or Union grade E, the seventh field generation.

• (5) In regulation 5 (marketing requirements – test and trial seed potatoes)—

• (a) for paragraph (4) substitute—

(4) The Scottish Ministers may not grant or renew an authorisation under paragraph (1) unless they are satisfied that— (a) the seed potatoes which are the subject of the authorisation or renewal are of a variety of seed potato for which an application for acceptance onto a GB Variety List or an NI Variety List has been made; (b) in relation to seed potatoes containing genetically modified material, the marketing and release of the material by the applicant has been authorised under— (i) before the day on which IP completion day falls, Part C of Directive 2001/18/EC; (ii) Regulation 1829/2003; or (iii) the GMO Regulations; (c) the marketing of the seed potatoes would not contravene any prohibition on the use of that variety which has been imposed in accordance with Article 14 of Commission Decision 2004/842/EC and which has been published in the Plant Varieties and Seeds Gazette in accordance with section 34(1) of the Act; and (d) the quantity of the variety of seed potato to be marketed does not exceed the greater of 0.1% of the annual number of seed potatoes used in Great Britain and such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares.

• (aa) in paragraph (6)(a)(ii), for “member States” substitute “countries”,

• (b) in paragraph 8(b), for the words “the National List” to the end substitute “a GB Variety List or an NI Variety List.”.

• (6) For regulation 6(3) (marketing requirements – scientific and selection seed potatoes) substitute—

(3) In relation to seed potatoes containing genetically modified material, the Scottish Ministers may not grant or renew an authorisation under paragraph (1) unless they are satisfied that the marketing and release of the material by the applicant has been authorised under— (a) before the day on which IP completion day falls, Part C of Directive 2001/18/EC; (b) Regulation 1829/2003; or (c) the GMO Regulations.

• (7) In regulation 7 (marketing requirements – conservation varieties)—

• (a) in paragraph (2), for the words from the beginning to “Commission Directive 2008/62/EC” substitute “ Where the quantities laid down in Article 14 of Directive 2008/62/EC would otherwise be likely to be exceeded ”,

• (b) after paragraph (2) insert—

(2A) For the purposes of paragraph (2), Article 14 of Commission Directive 2008/62/EC is to be read as if— (a) in the first paragraph— (i) “Each Member State shall ensure that” was omitted; (ii) for “does not exceed”, there were substituted “ may not exceed ”; (ii) for “that Member State”, there were substituted “ Great Britain ”; (b) in the second paragraph— (i) for “each Member State”, there were substituted “ Great Britain ”; (ii) for “the Member State” in both places where it occurs, there were substituted “ Great Britain ”.

• (8) In regulation 8 (certification and grading)—

• (a) in paragraph (2)(a)—

• (i) for “applicable Union grade” substitute “ applicable GB grade ”,

• (ii) for “Union grade PBTC” substitute “ GB grade PBTC ”; and

• (iii) for “Union grade S” substitute “ GB grade S ”,

• (b) in paragraph (4), for “Union” substitute “ GB ”.

• (9) In regulation 10(3)(b) (labelling of seed potatoes), for “Union” substitute “ GB ”.

• (10) For regulation 11(1)(b) (sealing of packages) substitute—

(b) in the case of seed potatoes produced outside Scotland, it is sealed in accordance with— (i) in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations; (ii) in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to paragraph (a); (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In regulation 15 (enforcement – crop inspection report, applicable Union grade and official label)—

• (a) in the heading, for “Union” substitute “ GB ”,

• (b) in paragraph (2), for “Union” substitute “ GB ”.

• (12) In regulation 20 (imports from outside EU)—

• (a) in the heading, for “EU” substitute “ British Islands ”,

• (b) for “European Union” substitute “ British Islands ”.

• (13) After regulation 23 (extension and modification of provisions of the Act) insert—

(23A) A label pre-printed before IP completion day which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for basic seed potatoes or, as the case may be, test and trial seed potatoes produced in Scotland, for the purposes of any use of that label before the end of the period of one year beginning with the day after the day on which IP completion day falls.

• (14) In schedule 1 (conditions for certification and grading of Scottish seed potatoes)—

• (a) in paragraph 1(c)(ii), for “Union” substitute “ GB ”,

• (b) in paragraph 2(f), for “Union” substitute “ GB ”,

• (c) in paragraph 3—

• (i) in sub-paragraph (a), for the words “the National List” to the end substitute “a GB Variety List or an NI Variety List”,

• (ii) in sub-paragraph (b), for “the National List” substitute “a GB Variety List or an NI Variety List”,

• (d) in paragraphs 6, 8, 9, 12 and 13, in each place it occurs, for “Union” substitute “ GB ”.

• (15) In schedule 2 (certification and grading: source material requirements, other requirements and tolerances)—

• (a) in Table I (pre-basic seed potatoes)—

• (i) in the heading of column 1 (Union grade), for “Union” substitute “ GB ”,

• (ii) in the entry for grade “PBTC”, in column 3 (other requirements), for “Union” substitute “ GB ”,

• (iii) in the entry for grade “PB”—

• (aa) in column 2 (source material), for “Union grade PBTC” substitute “GB grade PBTC or the equivalent grade”,

• (bb) in column 3 (other requirements), for “Union grade S” substitute “GB grade S or the equivalent grade”,

• (b) in Table II (basic seed potatoes and test and trial seed potatoes)—

• (i) in the heading of column 1 (Union grade), for “Union” substitute “ GB ”,

• (ii) in the entry for grade “S”, in column 2 (source material), for “Union grade PBTC or PB” substitute “GB grade PBTC or PB or the equivalent grade”,

• (iii) in the entry for grade “SE”, in column 2, for “Union grade PBTC, PB, or S” substitute “GB grade PBTC, PB or S or the equivalent grade”,

• (iv) in the entry for grade “E”, in column 2, for “Union grade PBTC, PB, S or SE” substitute “GB grade PBTC, PB, S or SE or the equivalent grade”.

• (16) In schedule 3 (requirements as to varietal purity and size)—

• (a) in paragraph 2 (Union grade PBTC)—

• (i) in the heading, for “Union” substitute “ GB ”,

• (ii) in sub-paragraph (1)—

• (aa) for “applicable Union grade”, substitute “ applicable GB grade ”, and

• (bb) for “Union grade PBTC” substitute “ GB grade PBTC ”,

• (b) in paragraph 3 (Union grade PB)—

• (i) in the heading, for “Union”, substitute “ GB ”,

• (ii) in sub-paragraph (1)—

• (aa) for “applicable Union grade”, substitute “ applicable GB grade ”, and

• (bb) for “Union grade PB”, substitute “ GB grade PB ”,

• (c) in paragraph 4 (Union grade S, SE, E and test and trial seed potatoes)—

• (i) in the heading, for “Union” substitute “ GB ”,

• (ii) in sub-paragraph (1)(a)—

• (aa) for “applicable Union grade”, substitute “ applicable GB grade ”, and

• (bb) for “Union grade S, SE, or E”, substitute “ GB grade S, SE or E ”,

• (d) for paragraph 5(2)(a) (seed potatoes produced outside Scotland), substitute—

(a) comply with the following requirements relating to size— (i) the minimum size must be such that the seed potatoes do not pass through a square mesh of 25 millimetres by 25 millimetres; (ii) the maximum variation in size between tubers in a lot must not exceed 25 millimetres; (iii) in the case of tubers which are too large to pass through a square mesh of 35 millimetres by 35 millimetres, the upper and lower size limits shall be expressed in multiples of 5 millimetres; and

• (17) In the heading to schedule 4 (particulars to be provided in respect of seed potatoes produced outside the European Union), for “European Union” substitute “ British Islands ”.

• (18) In schedule 5 (official labels)—

• (a) in paragraph 1(2)(c) (pre-basic seed potatoes), for “member State” substitute “ country ”,

• (b) in paragraph 2 (basic seed potatoes)—

• (i) in sub-paragraph (2)(b)—

• (aa) for “European Union”, substitute “ British Islands ”,

• (bb) for “EU”, substitute “ GB ”,

• (ii) in sub-paragraph (c), for “member State” substitute “ country ”,

• (c) in paragraph 3 (test and trial seed potatoes)—

• (i) in sub-paragraph (2)(b)—

• (aa) for “European Union”, substitute “ British Islands ”,

• (bb) for “EU”, substitute “ GB ”,

• (ii) in sub-paragraph (2)(d), for “member State” substitute “ country ”.

• (19) After schedule 5 (official labels) insert—

SCHEDULE 5A (1) An official document used in relation to pre-basic seed potatoes must be white with a diagonal violet line. (2) An official document used in relation to basic seed potatoes must be predominantly white. (3) An official document used in relation to test and trial seed potatoes must be orange. (4) An official document must, in relation to the seed potatoes to which it relates, state— (a) the crop identification number, including the producer's identification number (or equivalent); (b) the month and year when officially sealed; (c) the country of production.

• (20) In schedule 6 (tolerances for diseases, pests, damages and defects)—

• (a) in paragraph 1 (tolerances)—

• (i) for “applicable Union grade” in each place where it occurs, substitute “ applicable GB grade ”,

• (ii) in sub-paragraph (1)(a), for “Union grade PBTC, substitute “ GB grade PBTC ”,

• (iii) in sub-paragraph (1)(b), for “Union grade PB”, substitute “ GB grade PB ”,

• (iv) in sub-paragraph (1)(c), for “Union grade S”, substitute “ GB grade S ”,

• (v) in sub-paragraph (1)(d), for “Union grade SE”, substitute “ GB grade SE ”,

• (vi) in sub-paragraph (1)(e)(i), for “Union grade E”, substitute “ GB grade E ”,

• (vii) in sub-paragraph (1)(f), for “European Union” substitute “ British Islands ”,

• (b) in the headings for Tables I (Union grade PBTC produced in Scotland) and II (Union grade PB produced in Scotland), for “Union” substitute “ GB ”,

• (c) in Table III (Union grade S, SE and E and test and trial seed potatoes)—

• (i) in the heading, for “Union” substitute “ GB ”,

• (ii) in sub-headings (a) (Union grade S produced in Scotland), (b) (Union grade SE produced in Scotland) and (c) (Union grade E and test and trial seed potatoes produced in Scotland), for “Union” in each place where it occurs substitute “ GB ”,

• (d) in the heading for Table IV (basic seed potatoes intended for markets outside the EU), for “EU” substitute “ British Islands ”.

The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016

17

• (1) The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) in the definition of “seed merchant”, in paragraph (a), omit “EC” in both places where it occurs,

• (b) in the definition of “seed processor”, in paragraph (a), omit “EC” in both places where it occurs.

• (3) In regulation 13(4) (sampling for enforcement purposes), omit “including for the purpose of the Community comparative tests and trials referred to in the Seed Marketing Directives”.

The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

18

• (1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) in the definition of “CAC material”, for sub-paragraph (b) substitute—

(b) in relation to propagating material and fruit plants produced— (i) in any other part of the United Kingdom, is material and plants that meet the requirements of the relevant fruit marketing regulations; (ii) in a Crown Dependency or a country granted equivalence, is material and plants that meet the requirements in legislation recognised by the Scottish Ministers as having equivalent effect to schedule 3; (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) after the definition of “Commission Implementing Directive 2014/98/EU” insert—

• “country granted equivalence” means a country that has been assessed by Scottish Ministers as producing plant material under conditions equivalent to those required by these Regulations;
• “Crown Dependency” means the Isle of Man or any of the Channel Islands;

• (c) after the definition of “fruit plants” insert—

“the fruit marketing regulations” means— (a) as regards England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 ; (b) as regards Wales, the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 ; (c) as regards Northern Ireland, the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 ; and “the relevant fruit marketing regulations”, in relation to any constituent part of the United Kingdom, means the fruit marketing regulations applicable in relation to that part;

• (d) after the definition of “genetically modified organism” insert—

“the GMO regulations” means— (a) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 , (b) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 , (c) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 , (d) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 ;

• (e) in the definition of “official label”, for sub-paragraph (b) substitute—

(b) in the case of pre-basic material, basic material or certified material originating— (i) in any other part of the United Kingdom, means a label issued or approved by the responsible official body and which meets the applicable requirements in relation to that material contained in the relevant fruit marketing regulations; (ii) in a Crown Dependency or a country granted equivalence, means a label issued or approved by the responsible official body and which meets the applicable requirements in relation to that material contained in legislation recognised by the Scottish Ministers as having equivalent effect to the relevant paragraphs of Part 1 of schedule 5; (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) in the definition of “officially certified”, for sub-paragraph (b) substitute—

(b) in the case of plant material originating— (i) in any other part of the United Kingdom, means certified in accordance with the relevant fruit marketing regulations; (ii) in a Crown Dependency or a country granted equivalence, means certified in accordance with legislation recognised by the Scottish Ministers as having equivalent effect to the relevant provisions of schedule 2; (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) in the definition of “officially recognised description” omit “which was marketed in the European Union prior to 30th September 2012”,

• (h) in the definition of “plant variety rights”, omit “or under Council Regulation (EC) No 2100/94 on Community plant variety rights”,

• (i) in the definition of “registered variety”, for sub-paragraph (b) substitute—

(b) in the case of varieties registered in any other part of the United Kingdom, means registered in accordance with the relevant fruit marketing regulations;

• (j) for the definition of “responsible official body” substitute—

“responsible official body” means— (a) in relation to plant material produced in Scotland, the Scottish Ministers; (b) in relation to plant material produced in a country or territory outside Scotland, the body responsible for the quality of plant material in that country or territory;

• (ja) in the definition of “RNQP”, for “Union” substitute “GB”

• (k) in the definition of “third country”, for “which is not a member State of the European Union” substitute “ outside the United Kingdom ”.

• (3) In regulation 5 (general requirements for marketing of plant material)—

• (a) for paragraph (1)(c) substitute—

(c) in the case of plant material which consists of a genetically modified organism, the organism has been authorised for cultivation pursuant to— (i) the GMO regulations, (ii) Regulation (EC) No 1829/2003, or (iii) before the day on which IP completion day falls, Directive 2001/18/EC;

• (b) after paragraph (2) insert—

(3) No person may market plant material in Scotland produced in a member State. (4) Paragraph (3) does not apply to plant material which meets the conditions set out in paragraph (5). (5) The conditions are that the plant material— (a) is of a variety that may be marketed under regulation 7 or has been registered as a variety by the responsible official body in a member State, in accordance with Article 4 of Commission Implementing Directive 2014/97/EU; and (b) has been produced in compliance with the requirements set out in— (i) Council Directive 2008/90/EC, (ii) Commission Implementing Directive 2014/96/EU; (iii) Commission Implementing Directive 2014/98/EU; ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4A) In regulation 19 (notices), in paragraph (7), for “the United Kingdom” in each place it occurs substitute “Great Britain”

• (5) After regulation 23 (transitional provision) insert—

(23A) A label pre-printed before IP completion day which at the date on which it was printed was an official label for the purposes of these Regulations, is to be treated as an official label for plant material, for the purposes of any use of that label before the end of the period of twelve months beginning with the day after the day on which IP completion day falls.

• (6) In schedule 2 (certification requirements)—

• (a) in paragraphs 3(f) (pre-basic material (other than mother plants and rootstocks not belonging to a variety)) and 4(g) (rootstocks not belonging to a variety), omit “in accordance with a derogation granted by the European Commission under Article 8(4) of Commission Implementing Directive 2014/98/EU,”,

• (b) for paragraph 5(4)(a) (acceptance of plants as pre-basic mother plants), substitute—

(a) following production of a report from the responsible official body which proves that the variety in question is distinct, uniform and stable; and

• (c) in paragraph 8(6) (maintenance of pre-basic mother plants and pre-basic material), omit from “Where a derogation” to “species concerned,”,

• (d) in paragraph 10(5)(a)(ii) (health requirements for pre-basic mother plants and for pre-basic material), omit sub-sub-head (bb),

• (e) in paragraph 17(5)(a)(ii) (health requirements for basic mother plants and basic material), omit sub-sub-head (bb),

• (f) in paragraph 23(5)(a)(ii) (health requirements for certified mother plants and certified material), omit sub-sub-head (bb).

• (7) In schedule 4 (registration of varieties)—

• (a) in paragraph 1 (interpretation) —

• (i) omit the definitions of “CPVO” and “CPVO protocols”,

• (ii) in the definition of “technical questionnaire”, for “CPVO” in both places where it occurs substitute “ UPOV ”,

• (b) in paragraph 3 (registration)—

• (i) for sub-paragraph (1)(c) substitute—

(c) in relation to genetically modified varieties, the genetically modified organism of which the variety consists is authorised for cultivation pursuant to— (i) the GMO regulations, (ii) Regulation (EC) No 1829/2003, or (iii) before the day on which IP completion day falls, Directive 2001/18/EC.

• (ii) for sub-paragraph (2)(b) substitute—

(b) a responsible official body outside Scotland.

• (c) in paragraph 4 (application for registration with an official description)—

• (i) in sub-paragraph (2)(b), for “member State” substitute “ country ”

• (ii) for sub-paragraph (2)(d) substitute—

(d) in the case of a genetically modified variety, evidence that the genetically modified organism contained in that variety has been authorised for cultivation pursuant to— (i) the GMO regulations, (ii) Regulation (EC) No 1829/2003, or (iii) before the day on which IP completion day falls, Directive 2001/18/EC;

• (iii) in sub-paragraph (3), for “authority in another member State” substitute “ official body outside Scotland ”,

• (d) in paragraph 5(1)(b) (growing trials), for “CPVO” in each place where it occurs substitute “ UPOV ”,

• (e) for paragraph 6(1)(b)(ii) (duration and renewal of acceptance) substitute—

(ii) the period during which the genetically modified organism of which the variety consists is authorised for cultivation pursuant to— (aa) the GMO regulations, (bb) Regulation (EC) No 1829/2003, or (cc) before the day on which IP completion day falls, Directive 2001/18/EC.

• (f) for paragraph 7(1)(d) (removal from register), substitute—

(d) in the case of any genetically modified variety, the genetically modified organism contained in that variety— (i) ceases to be authorised for cultivation pursuant to— (aa) the GMO regulations, (bb) Regulation (EC) No 1829/2003, or (ii) has, before the day on which IP completion day falls been authorised for cultivation pursuant to Directive 2001/18/EC and ceases to be authorised.

• (8) In schedule 5 (official labels, supplier's documents and accompanying documents)—

• (a) in paragraph 4—

• (i) in sub-paragraph (a), for “EU” substitute “ UK ”,

• (ii) in sub-paragraph (b)(i), for “member State” substitute “ country ”,

• (iii) in sub-paragraph (b)(xii), for “member State” substitute “ country ”,

• (b) in paragraph 5, for “one of the official languages of the European Union”, substitute “ English, but may also be printed in other languages, ”,

• (c) in paragraph 6—

• (i) in sub-paragraph (a), for “EU” substitute “ UK ”,

• (ii) in sub-paragraph (b)(i), for “member State” substitute “ country ”,

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in paragraph 7, for “one of the official languages of the European Union” substitute “ English, but may also be printed in other languages, ”,

• (e) in paragraph 8(b), for “one of the official languages of the European Union” substitute “ English, but may also be written in other languages, ”.

• (8A) In schedule 7 (visual inspections, sampling and testing per genus or species and category), in paragraph 2(a), for “Union” substitute “GB”.

• (9) In schedule 8 (powers of inspectors), for paragraph 1(2)(a) substitute—

(a) be accompanied by such other persons as the inspector considers appropriate;

Signed

MAIRI GOUGEON — Authorised to sign by the Scottish Ministers — 2019-02-19

Explanatory note

(This note is not part of the Regulations)

Footnotes