The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020

Signed

MAIRI GOUGEON — Authorised to sign by the Scottish Ministers — 27th May 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations transpose Commission Implementing Directive (EU) 2020/432 amending Council Directive 2002/55/EC with regard to the definition of vegetables and the list of genera and species in Article 2(1)(b) (OJ No. L 88, 24.03.2020, p.3) (“Directive 2020/432”) and Commission Implementing Directive (EU) 2020/177 of 11 February 2020 amending Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/55/EC, 2002/56/EC and 2002/57/EC, Commission Directives 93/49/EEC and 93/61/EEC and Implementing Directives 2014/21/EU and 2014/98/EU as regards pests of plants on seeds and other plant reproductive material (OJ L 41, 13.2.2020, p.1) (“Directive 2020/177”).

Directive 2020/432 and Directive 2020/177 amend a number of instruments, collectively referred to as “the Marketing Directives”. The Marketing Directives are transposed by the statutory instruments amended by these Regulations, collectively referred to as “the Marketing Regulations”. These Regulations amend the Marketing Regulations to transpose the amendments made by Directive 2020/432 and Directive 2020/177 to the Marketing Directives.

Regulation 2 amends the Vegetable Seeds Regulations 1993 in order to transpose provisions of both Directive 2020/432 and Directive 2020/177.

Regulation 3 amends the Marketing of Vegetable Plant Material Regulations 1995.

Regulation 4 amends the Marketing of Ornamental Plant Propagating Material Regulations 1999.

Regulation 5 amends the Oil and Fibre Plant Seed (Scotland) Regulations 2004.

Regulation 6 amends the Cereal Seed (Scotland) Regulations 2005.

Regulation 7 amends the Fodder Plant Seed (Scotland) Regulations 2005.

Regulation 8 amends the Seed Potatoes (Scotland) Regulations 2015.

Regulation 9 amends the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017.

Regulations 3 to 9 transpose provisions of Directive 2020/177 only.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

Footnotes

[^f00001]: 1964 c.14. Section 16(1) was amended by the European Communities Act 1972 (c.68) (“the 1972 Act”), section 4 and schedule 4, paragraph 5. Section 16(1A) was inserted by the 1972 Act, section 4 and schedule 4, paragraph 5. Section 16(3) was amended by S.I. 1977/1112. See section 38(1) for the definition of “the Minister”. The functions of the Secretary of State, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: 1972 c.68 (“the 1972 Act”). The 1972 Act was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) with effect from exit day (see section 20 of the 2018 Act), but saved, subject to modifications, until IP completion day by section 1A of that Act. Section 1A of the 2018 Act was inserted by the European Union (Withdrawal Agreement) Act 2020 (c.1) (“the 2020 Act”), and defines “IP completion day” by reference to section 39(1) to (5) of the 2020 Act. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), section 3(3) and schedule 1, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^f00003]: S.I. 1993/2008, relevantly amended by S.S.I. 2007/305, S.S.I. 2010/219 and S.S.I. 2013/326.

[^f00004]: OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14December 2019.

[^f00005]: S.I. 1995/2652, as relevantly amended by S.S.I. 2007/133.

[^f00006]: S.S.I. 1993/2008.

[^f00007]: OJ L 205, 01.08.2008, p.28, as last amended by Commission Implementing Directive (EU) 2019/990 (OJ L 160, 18.06.2019, p.14) with effect from 8 July 2019.

[^f00008]: OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14December 2019.

[^f00009]: S.I. 1999/1801, as relevantly amended by S.S.I. 2018/284 and S.S.I. 2019/421.

[^f00010]: OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14December 2019.

[^f00011]: S.S.I. 2004/317, as relevantly amended by S.S.I. 2007/224.

[^f00012]: OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14December 2019.

[^f00013]: S.S.I. 2005/328, to which there are amendments not relevant to these Regulations.

[^f00014]: OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14December 2019.

[^f00015]: S.S.I. 2005/329, to which there are amendments not relevant to these Regulations.

[^f00016]: OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14December 2019.

[^f00017]: S.S.I. 2015/395, to which there are amendments not relevant to these Regulations.

[^f00018]: S.S.I. 2017/177, as relevantly amended by S.S.I. 2019/421.

[^f00019]: OJ L 140, 31.5.2017, p.7.