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The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020

Type Scottish-Statutory-Instrument

Publication 2020-12-18

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Made: at 10.56 a.m. on 18th December 2020

Laid before the Scottish Parliament: at 3.45 p.m. on 18th December 2020

Coming into force in accordance with regulation 1(1)

In accordance with paragraph 4(a) of schedule 2 of the European Union (Withdrawal) Act 2018, they have consulted with the Secretary of State.

PART 1 — Introduction

Citation, commencement and extent

1

(1) These Regulations may be cited as the Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 and come into force as follows—

(a) as regards this Part, Part 2 and Part 4, on 31 December 2020,

(b) as regards Part 3, immediately before IP completion day.

(2) These Regulations extend to Scotland only.

PART 2 — Amendment of References in Secondary Legislation

The Vegetable Seeds Regulations 1993

2

In regulation 3(1) (interpretation) of the Vegetable Seeds Regulations 1993[^f00003], in the definition of “Directive 2001/18/EC”, for “Directive (EU) 2015/412” substitute “Regulation (EU) 2019/1381[^f00004]”.

The Oil and Fibre Plant Seed (Scotland) Regulations 2004

3

In regulation 2(1) (interpretation) of the Oil and Fibre Plant Seed (Scotland) Regulations 2004[^f00005], in the definition of—

(a) “the 2001 Deliberate Release Directive”, for “Directive (EU) 2015/412” substitute “Regulation (EU) 2019/1381[^f00006]”,

(b) “Equivalence Decision”, for “2018/1674” substitute “2020/1544[^f00007]”,

(d) “Oil and Fibre Plant Seed Directive”, at the end insert “, as last amended by Commission Implementing Directive (EU) 2020/177[^f00009]”.

The Cereal Seed (Scotland) Regulations 2005

4

(1) The Cereal Seed (Scotland) Regulations 2005[^f00010] are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of—

(a) “the 2001 Deliberate Release Directive”, for “Directive (EU) 2015/412” substitute “Regulation (EU) 2019/1381[^f00011]”,

(b) “Equivalence Decision”, for “2018/1674” substitute “2020/1544[^f00012]”,

(3) In schedule 9 (definition of Cereal Seed Directive), at the end of the table insert—

Commission Implementing Directive (EU) 2020/177	OJ L 41, 13.2.2020, p.1

The Fodder Plant Seed (Scotland) Regulations 2005

5

In regulation 2(1) (interpretation) of the Fodder Plant Seed (Scotland) Regulations 2005[^f00014], in the definition of—

(a) “the 2001 Deliberate Release Directive”, for “Directive (EU) 2015/412” substitute “Regulation (EU) 2019/1381[^f00015]”,

(b) “Equivalence Decision”, for “2018/1674” substitute “2020/1544[^f00016]”,

(c) “the Fodder Plant Seed Directive”, at the end insert “, as last amended by Commission Implementing Directive (EU) 2020/177[^f00017]”,

(d) “the Food and Feed Regulation”, for the words “(EC) No 298/2008” to the end substitute “(EU) 2019/1381[^f00018]”.

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

6

In regulation 2(1) (interpretation) of the Beet Seed (Scotland) (No. 2) Regulations 2010[^f00019], in the definition of—

(a) “the 2001 Deliberate Release Directive”, for “Directive (EU) 2015/412” substitute “Regulation (EU) 2019/1381[^f00020]”,

(b) “Equivalence Decision”, for “2018/1674” substitute “2020/1544[^f00021]”,

The Seed Potatoes (Scotland) Regulations 2015

7

In regulation 2(1) (interpretation) of the Seed Potatoes (Scotland) Regulations 2015[^f00023], in the definition of—

(a) “Commission Implementing Directive 2014/21/EU”, at the end insert “, as last amended by Commission Implementing Directive (EU) 2020/177[^f00024]”,

(b) “Council Directive 2002/56/EC”, at the end insert “, as last amended by Commission Implementing Directive (EU) 2020/177[^f00025]”,

(d) “Regulation 1829/2003”, at the end insert “, as last amended by Regulation (EU) 2019/1381[^f00027]”.

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

8

In regulation 2(1) (interpretation) of the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017[^f00028], in the definition of—

(a) “Council Directive 2008/90/EC”, at the end insert “, as last amended by Commission Implementing Decision (EU) 2019/120[^f00029]”,

(b) “Commission Implementing Directive 2014/96/EU”, at the end insert “, as last amended by Commission Implementing Directive (EU) 2019/1813[^f00030]”,

(c) “Commission Implementing Directive 2014/98/EU”, at the end insert “, as last amended by Commission Implementing Directive (EU) 2020/177[^f00031]”,

(d) “Directive 2001/18/EC”, at the end insert “, as last amended by Regulation (EU) 2019/1381[^f00032]”,

(e) “Regulation (EC) No 1829/2003”, at the end insert “, as last amended by Regulation (EU) 2019/1381[^f00033]”.

PART 3 — Amendment of Secondary Legislation Relating to Withdrawal from the European Union

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

9

The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019[^f00034] are amended in accordance with regulations 10 to 18.

Amendments relating to the Vegetable Seeds Regulations 1993

10

(1) Regulation 9 (the Vegetable Seeds Regulations 1993) is amended as follows.

(2) In paragraph (2)—

(a) in sub-paragraph (a)—

(i) after head (i) insert—

(ia) in the definition of “Amateur Variety”, for “the National List” substitute “a GB Variety List or an NI Variety List”,

(ii) for head (ii) substitute—

(ii) in the definition of “breeder”, in sub-paragraph (a), for the words “the National List or the Common Catalogue” substitute “a GB Variety List, an NI Variety List or an equivalent list in a country granted equivalence”,

(iii) after head (ii) insert—

(iia) omit the definition of “Common Catalogue”, (iib) in the definition of “Conservation Variety”, for “the National List” substitute “a GB Variety List or an NI Variety List”,

(iv) in head (iii)—

(aa) for the definition of “country granted equivalence” to be inserted substitute—

“country granted equivalence” means a country that has been— granted equivalence under the Equivalence Decision; or assessed by Scottish Ministers as producing the species of seed referred to in regulation 4 under conditions equivalent to those required by these Regulations;

(bb) for ““the Feed and Food Regulation”” to the end substitute—

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

(v) after head (iii) insert—

(iiia) after the definition of “the EU Plant Health Regulation” insert— - “the Food and Feed Regulation” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed[^f00035];

(vi) for head (iv) substitute—

(iv) after the definition of “genetically modified” insert— - “the GMO Regulations” means— in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002[^f00036]; in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002[^f00037]; in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002[^f00038]; in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003[^f00039]; - “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales; - “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation; - “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001[^f00040]; - “International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means– by or on behalf of a GB Authority; by or on behalf of the NI Authority; or by or on behalf of the competent seed certification authority of a country other than the United Kingdom;

(vii) for head (v) substitute—

(v) in the definition of “maintainer”, for “a National List or in the Common Catalogue” and “the National List or the Common Catalogue” where they occur substitute “a GB Variety List, an NI Variety List or an equivalent list in a country granted equivalence”,

(viii) for head (vi) substitute—

(vi) in the definition of “maintenance”, for “a National List of the Common Catalogue” substitute “a GB Variety List or an NI Variety List”, (via) omit the definition of “National List”, (vib) before the definition of “official certificate” insert— - “NI Authority” means DAERA; - “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[^f00041]

(ix) for head (vii) substitute—

(vii) in the definition of “official post control”— (aa) in the words before sub-paragraph (a), for “European” substitute “International”, (bb) in sub-paragraph (a), for the words “a European” in both places they occur substitute “an International”, (cc) omit sub-paragraph (b), (viia) for the definition of “protected zone quarantine pest” substitute— - “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation;

(x) for head (viii) substitute—

(viii) in the definition of “region of origin”— (aa) for “the United Kingdom” substitute “Great Britain”, (bb) at the end insert— - , with Article 8.1 of that Directive being read as if— in the first sub-paragraph— for “a Member State accepts”, there were substituted “the Scottish Ministers accept”, for “it shall”, there were substituted “they must”, for “It shall”, there were substituted “The Scottish Ministers must”, for “Member States”, there were substituted “Scottish Ministers”, the second sub-paragraph was omitted;

(xi) for head (ix) substitute—

(ix) in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”, (x) omit the definition of “Union quarantine pest”,

(b) for sub-paragraph (b) substitute—

(b) in paragraphs (3A), (3B) and (3C)— (i) in each sub-paragraph (a), for “an EEA state” substitute “a country”, (ii) in each sub-paragraph (b) and (c), for “EEA state” substitute “country”.

(3) In paragraph (3), in the regulation 4(2) to be inserted, for “the United Kingdom” substitute “Great Britain”.

(4) In paragraph (4)—

(a) for sub-paragraph (a) substitute—

(a) in paragraph (1)— (i) in the words before sub-paragraph (a)— (aa) for “a National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”, (bb) for “the Common Catalogue” substitute “a GB Variety List or an NI Variety List”, (ii) in sub-paragraph (b)— (aa) in the words before head (i), for “an EEA State” substitute “a country”, (bb) in head (ii), for “an EEA State” substitute “a country other than the United Kingdom”, (iii) in sub-paragraph (bb), for “an EEA state” substitute “a country”, (iv) in sub-paragraph (c), for “elsewhere than in an EEA state” substitute “outside the United Kingdom”,

(b) in sub-paragraph (b), in the new paragraph (2D)(a) to be inserted, for “exit” substitute “IP completion”,

(d) in paragraph (4A)— (i) omit “, by reason only of article 3(1)(a) of Council Directive 70/457/EEC,”, (ii) for “a National List” substitute “a GB Variety List or an NI Variety List”,

(d) for sub-paragraph (f) substitute—

(f) in paragraph (9A), for “an EEA state” substitute “a country”,

(e) for sub-paragraph (i) substitute—

(i) in paragraph (11), for “a National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

(f) for sub-paragraph (j) substitute—

(j) in paragraph (13) for “an EEA state” substitute “a country”,

(5) For paragraph (6) substitute—

(6) In regulation 6A(1)(c) (breeder’s confirmations), for the words “the National List” to the end substitute “a GB Variety List or an NI Variety List”.

(6) For paragraph (7) substitute—

(7) In regulation 6B (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”.

(7) In paragraph (8)(b), for “Communities” substitute “European Union”.

(8) In paragraph (9), for “Community” substitute “European Union”.

(9) In paragraph (10)—

(a) in the new regulation 11A to be inserted, in the heading and the regulation, after “Crown Dependency” insert “or a country granted equivalence”,

(b) in the new regulation 11B to be inserted—

(i) in the heading and the regulation, for “exit” in each place it occurs substitute “IP completion”,

(ii) for “two years” substitute “twelve months”.

(10) For paragraph (11) substitute—

(11) In schedule 4 (requirements for Basic Seed, Certified Seed, Certified Seed of a Conservation Variety, Standard Seed, Standard Seed of a Conservation Variety and Standard Seed of an Amateur Variety)— (a) in Part I (Basic Seed and Certified Seed)— (i) in paragraph 2 (varietal identity and varietal purity)— (aa) in sub-paragraph (a), for “the National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”, (bb) in sub-paragraph (b), for the words “the National List” until the end substitute “a GB Variety List or an NI Variety List.”, (ii) in paragraph 4 (crop health)— (aa) for “Union” substitute “GB”, (bb) for “protected zone” substitute “PFA”, (b) in Part II (basic seed, certified seed and standard seed conditions relating to the seeds), in paragraph 3(b)— (i) for “Union” substitute “GB”, (ii) for “protected zone” substitute “PFA”.

(11) In paragraph (12)—

(a) in sub-paragraph (b)—

(i) in head (i), for “UK” substitute “GB”,

(ii) for head (iii) substitute—

(iii) in point 11(a), for “a National List or the Common Catalogue” substitute “a GB Variety List or an NI Variety List”,

(b) after sub-paragraph (b) insert—

(ba) in Part I(C)(b) (official label for a Package of Seed not Finally Certified: information required for the document), in point 5, for “UK” in each place it occurs substitute “GB”,

(d) after sub-paragraph (e) insert—

(ea) in Part IV (information in respect of seeds imported from third countries in packages more than 2 kilograms in Net weight), in the heading, for “third countries” substitute “countries outside the United Kingdom”,

Amendments relating to the Marketing of Vegetable Plant Material Regulations 1995

11

(1) Regulation 10 (the Marketing of Vegetable Plant Material Regulations 1995) is amended as follows.

(2) After paragraph (2) insert—

(2A) In regulation 4A (plant material from outside the European Union: authorisation)— (a) in the heading, for “European Union” substitute “United Kingdom”, (b) in paragraph (1), for “European Union” substitute “United Kingdom”.

(3) For paragraph (3) substitute—

(3) In regulation 5 (quality requirements for plant material)— (a) in paragraph (1)(d)— (i) for “Union” substitute “GB”, (ii) for “protected zone” substitute “PFA”, (b) in paragraph (2)— (i) after the definition of “the EU Plant Health Regulation” insert— - “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation, (ii) in the definition of “protected zone quarantine pest”— (aa) for “protected zone” substitute “PFA”, (bb) for “protected zones” substitute “GB pest free areas”, (iii) in the definition of “RNQP”— (aa) for “Union” in each place it occurs substitute “GB”, (bb) for “Regulation, and” substitute “Regulation.”.

(4) Omit paragraph (4).

Amendments relating to the Marketing of Ornamental Plant Propagating Material Regulations 1999

12

(1) Regulation 11 (the Marketing of Ornamental Plant Propagating Material Regulations 1999) is amended as follows.

(2) In paragraph (2)(a), omit ““Directive 2000/29/EC” ,”.

(3) After paragraph (3), insert—

(3A) In regulation 4 (quality requirements for propagating material)— (a) in paragraph (1)(d)— (i) for “Union” substitute “GB”, (ii) for “protected zone” substitute “PFA”, (b) in paragraph (2)— (i) after the definition of “the EU Plant Health Regulation” insert— - “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation, (ii) for the definition of “protected zone quarantine pest” substitute— - “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation, (iii) in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”, (iv) omit the definition of “Union quarantine pest”.

(4) Omit paragraphs (4) and (5).

(5) For paragraph (6)(a) substitute—

(a) in sub-paragraph (a), for “Community plant variety rights pursuant to Regulation 2100/94 or national” substitute “UK”,

(6) In paragraph (7)—

(a) in sub-paragraph (b)(i), for “into the United Kingdom” substitute “produced in a country outside of the United Kingdom”,

(b) in sub-paragraph (d), in the new paragraph (5) to be inserted by that paragraph, omit new sub-paragraph (a).

Amendments relating to the Oil and Fibre Plant Seed (Scotland) Regulations 2004

13

(1) Regulation 12 (the Oil and Fibre Plant Seed (Scotland) Regulations 2004) is amended as follows.

(2) In paragraph (2)—

(a) for sub-paragraph (b) substitute—

(b) in the definition of “blended seed lot”— (i) omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”, (ii) for “National Authority” substitute “GB Authority or the NI Authority”,

(b) for sub-paragraph (c) substitute—

(c) in the definition of “breeder”— (i) in sub-paragraph (a), for “UK National List or the Common Catalogue” substitute “GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence”, (ii) in sub-paragraph (b), for “UK National List or in the Common Catalogue” and “UK National List or Common Catalogue” substitute “GB Variety List, NI Variety List or equivalent list in a country granted equivalence”,

(d) in the definition of “bulked seed lot”— (i) in sub-paragraph (a)(iii), omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”, (ii) in sub-paragraph (b), for “National Authority” substitute “GB Authority or the NI Authority”,

(d) for sub-paragraph (e) substitute—

(e) omit the definitions of “Common Catalogue” and “the Common Catalogue Directive”, (ea) in the definition of “Conservation Variety”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

(e) for sub-paragraph (f) substitute—

(f) in the definition of “control plot”, for “European Authority” in both places it occurs substitute “GB Authority or the NI Authority”,

(f) in sub-paragraph (g), for the definition of “country granted equivalence” to be inserted substitute—

“country granted equivalence” means a country that has been— granted equivalence under the Equivalence Decision; or assessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;

(g) after sub-paragraph (g) insert—

(ga) for the definition of “Department of Agriculture and Rural Development” substitute— - “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

(h) for sub-paragraph (h) substitute—

(h) omit the definition of “EEA State”,

(i) for sub-paragraph (i) substitute—

(i) omit the definitions of “European Authority” and “by a European Authority”,

(j) omit sub-paragraph (j),

(k) for sub-paragraph (k) substitute—

(k) in the definition of “fully certified”— (i) in sub-paragraph (b), for “European” substitute “International”, (ii) in the text after sub-paragraph (b), for the words “in Annexes I” to the end substitute “schedule 4;”,

(l) for sub-paragraph (l) substitute—

(l) after the definition of “genetically modified” insert— - “the GMO Regulations” means— in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002[^f00042]; in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002[^f00043]; in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002[^f00044]; in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003[^f00045]; - “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales; - “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation; - “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001[^f00046]; (la) after the definition of “inbred line” insert— - “International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means– by or on behalf of a GB Authority; by or on behalf of the NI Authority; or by or on behalf of the competent seed certification authority of a country other than the United Kingdom; (lb) in the definitions of “licensed crop inspector”, “licensed seed sampler” and “licensed seed testing station”, for sub-paragraph (b) substitute— (b) granted under provisions equivalent to that regulation by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority;

(m) for sub-paragraph (m) substitute—

(m) omit the definition of “licensed EC crop inspector”, (n) omit the definition of “National Authority”, (o) before the definition of “official certificate” insert— - “NI Authority” means DAERA; - “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[^f00047]; (p) in the definition of “official field inspection”— (i) in sub-paragraph (i), for “European Authority” substitute “a GB Authority or the NI Authority or an International Authority”, (ii) in sub-paragraph (ii), omit the words “or a licensed EC crop inspector”, (q) in the definition of “official label” for “a European Authority” substitute “an International Authority”, (r) in the definition of “official post control”, for “the relevant European Authority” substitute “an International Authority”, (s) in the definition of “official post control the results of which have been satisfactory”— (i) for “the relevant European Authority” substitute “an International Authority”, (ii) for sub-paragraph (a)(ii) substitute— (ii) in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4; (t) after the definition of “Oil and Fibre Plant Seed Directive” insert— - “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation; (u) omit the definition of “protected zone quarantine pest”, (v) for the definition of “registered or licensed number” substitute— - “registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provisions equivalent to that regulation by— a GB Authority other than the Scottish Ministers; or the NI Authority; (w) in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”, (x) for the definition of “third country” substitute— - “third country” means any country or territory other than the British Islands; (y) omit the definition of “Union quarantine pest”.

(3) In paragraph (3)—

(a) for sub-paragraph (a) substitute—

(a) in the definition of “Pre-basic Seed”, for paragraph (c) substitute— (c) has been— (i) officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) or (b) and the requirements for Basic Seed specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) or (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

(b) for sub-paragraph (b) substitute—

(b) in the definition of “Basic Seed”, for paragraph (d) substitute— (d) has been— (i) officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b) or (c) and the requirements for Basic Seed specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a), (b) or (c) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

(c) in the definition of “Certified Seed”, for paragraph (c) substitute— (c) has been— (i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom;

(d) for sub-paragraph (d) substitute—

(d) in the definition of “Certified Seed of the First Generation”, for paragraph (c) substitute— (c) has been— (i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;

(e) for sub-paragraph (e) substitute—

(e) in the definition of “Certified Seed of the Second Generation”— (i) for paragraph (a)(iii) substitute— (iii) has been— (aa) officially certified as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in schedule 4; or (bb) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom; (ii) for paragraph (b)(iii) substitute— (iii) has been— (aa) officially certified as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in schedule 4; or (bb) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

(f) for sub-paragraph (f) substitute—

(f) in the definition of “Certified Seed of the Third Generation”, for paragraph (c) substitute— (c) has been— (i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Third Generation specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the Third Generation in the relevant part of the United Kingdom;

(g) for sub-paragraph (g) substitute—

(g) in the definition of “Commercial Seed”, for paragraph (b) substitute— (b) has been— (i) officially certified as satisfying the conditions specified in paragraph (a) and the requirements for Commercial Seed specified in schedule 4; or (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraph (a) and the applicable requirements for Commercial Seed in the relevant part of the United Kingdom;

(4) In paragraph (5)—

(a) for sub-paragraph (a) substitute—

(a) in paragraph (1)(b)(ii), for the words “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”, (aa) in paragraph (2)(b)(i), omit “or Annex I (crop conditions) of the Oil and Fibre Plant Seed Directive”, (ab) in paragraph (3), for “a European” substitute “an International”,

(b) omit sub-paragraph (c).

(5) For paragraph (6)substitute—

(6) 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) In paragraph (7)—

(a) in sub-paragraph (a), for the new paragraph 1(b) to be inserted 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) in sub-paragraph (b), in the new paragraph (4)(a) to be inserted, for “exit” substitute “IP completion”.

(7) In paragraph (8)—

(a) in sub-paragraph (a), for the new paragraph (1)(b) to be inserted substitute—

(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) for sub-paragraph (b) substitute—

(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[^f00048] 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;

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

(d) for paragraph (e) substitute—

(e) in paragraph (10), for “name of the Member State” to the end substitute “location of the trials within the United Kingdom.”.

(8) In paragraph (9)—

(a) in sub-paragraph (a), in the new paragraph (8A) to be inserted, for “the United Kingdom” in each place it occurs substitute “Great Britain”,

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

(ii) for the definition of “region of origin” substitute— - “region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if— in the first sub-paragraph— for “a Member State accepts”, there were substituted “the Scottish Ministers accept”; for “it shall”, there were substituted “they must”; for “It shall”, there were substituted “The Scottish Ministers must”; for “Member States”, there were substituted “Scottish Ministers”; the second sub-paragraph was omitted.

(9) In paragraph (10)—

(a) in sub-paragraph (a), in the new paragraph (1)(b)(ii) to be inserted, for sub-heads (aa) and (bb) substitute—

(aa) a GB Authority other than the Scottish Ministers; or (bb) the NI Authority.

(b) for sub-paragraph (b) substitute—

(b) in paragraph (6), in the definition of “varietal association”, for “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”.

(10) In paragraph (11), for the new paragraph (2) to be inserted substitute—

(2) The Scottish Ministers may exercise the power under paragraph (1)— (a) for the purposes of 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) 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. (2A) The duration of a temporary experiment referred to in paragraph (2)(a) must not exceed 7 years. (2B) When seed is marketed in accordance with paragraph (2)(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 official label must be that provided for commercial seed; (c) the label must always state that the seed in question is of a category satisfying less stringent requirements.

(11) In paragraph (12)—

(a) in sub-paragraph (a)—

(i) in head (ii), in the new sub-paragraph (b) to be inserted, for heads (i) and (ii) substitute—

(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,

(ii) in head (iii), in the new sub-paragraph (c)(ii) to be inserted, for sub-heads (aa) and (bb) substitute—

(aa) by a GB Authority other than the Scottish Ministers, in 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 the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.

(b) for sub-paragraph (b) substitute—

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

(12) In paragraph (13)—

(a) for sub-paragraph (a) substitute—

(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) for sub-paragraph (b)(i) substitute—

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

(c) in paragraph (5), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.

(13) In paragraph (14), for sub-paragraphs (a) to (c) substitute—

(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— (i) “or licensed EC crop inspector”, and (ii) “, or licensed EC crop inspector’s,”.

(14) In paragraph (15), for “National” substitute “International”.

(15) In paragraph (16)—

(a) for sub-paragraph (a) substitute—

(a) for sub-paragraph (1)(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) for sub-paragraph (b) substitute—

(b) for paragraph (3)(b) substitute— (b) in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

(16) In paragraph (17)—

(a) for sub-paragraph (a) substitute—

(a) for paragraph (4A)(b) substitute— (b) where seed is sealed in any part of the United Kingdom other than Scotland, be labelled in accordance with the requirements for labelling applicable to a Conservation Variety in the relevant part of the United Kingdom.

(b) for sub-paragraph (b) substitute—

(b) for paragraph (5)(b) substitute— (b) which is sealed in any part of the United Kingdom other than Scotland will satisfy the applicable requirements in the relevant part of the United Kingdom,

(c) for paragraph (8)(b) substitute— (b) which is sealed in any other part of the United Kingdom, must contain an official document in accordance with the applicable requirements for official documents and, as the case may be, for labelling of packages of mixtures of seeds, in the relevant part of the United Kingdom.

(d) for sub-paragraph (d) substitute—

(d) in paragraph (10)— (i) for sub-paragraph (a) substitute— (a) for packages sealed in— (i) Scotland, the appropriate particulars of the matters specified in Part II of Schedule 6 and paragraphs (3), (12) and (13), are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; (ii) any other part of the United Kingdom, the appropriate particulars of the matters specified in accordance with the applicable requirements in the relevant part of the United Kingdom, are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; and (ii) for sub-paragraph (c) substitute— (c) the requirements of paragraph 17 of Part VI of Schedule 6 are satisfied in the case of a package sealed in any other part of the United Kingdom. (e) in paragraph (14), for “one of the official languages of the European Union” substitute “English but may, in addition, be given in other languages”.

(17) For paragraph (18) substitute—

(18) In regulation 19(1)(c) (breeder’s confirmations)— (a) in head (i), for the words “UK National List” to the end substitute “GB Variety List or an NI Variety List”, (b) in head (ii), for the words “UK National List” to the end substitute “GB Variety List or an NI Variety List”.

(18) In paragraph (21)—

(a) in the new regulation 25A to be inserted, in the heading and the regulation, after “Crown Dependency” insert “or a country granted equivalence”,

(b) in the new regulation 25B to be inserted—

(i) in the heading and the regulation, for “exit” in each place it occurs substitute “IP completion”,

(ii) for “two years” substitute “twelve months”.

(19) In paragraph (22)—

(a) for sub-paragraph (b) substitute—

(b) 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 14(1) for the issue of an official certificate in respect of a seed lot as Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial 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 of the First Generation; 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 of the First Generation 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, 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, 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 (crop standards); and (b) has been packed in a sealed package in accordance with the requirements of regulation 16 (sealing of packages of fully certified seed and has been labelled in accordance with the requirements of regulation 17 (labelling of packages of fully certified seed) and schedule 6.

(20) For paragraph (23) substitute—

(23) In schedule 4 (requirements for Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation, Certified Seed of the Third Generation and Commercial Seed)— (a) in Part I (conditions relating to crops from which seed other than commercial seed is obtained)— (i) in paragraph 2 (varietal identity and varietal purity), for the words “UK National List” to the end substitute “GB Variety List or NI Variety List”, (ii) in paragraph 4 (pests in the crop)— (aa) for “Union” substitute “GB”, (bb) for “protected zone” substitute “PFA”, (b) in Part II (conditions relating to Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation, Certified Seed of the Third Generation and Commercial Seed), in paragraph 15 (pests in the seed)— (i) for “Union” substitute “GB”, (ii) for “protected zone” substitute “PFA”.

(21) For paragraph (24)(a) substitute—

(a) in Part III (conditions relating to crops from which seed is obtained), in paragraph 1 (varietal identity and varietal purity), for the words “UK National List” to the end substitute “GB Variety List or NI Variety List”.

(22) In paragraph (25)—

(a) in sub-paragraph (b)—

(i) in head (i)—

(aa) for “sub-paragraph” substitute “head”,

(bb) for “UK” substitute “GB”,

(ii) in head (ii), for “sub-paragraph” substitute “head”,

(iii) for head (iii) substitute—

(iii) in heads (xi) and (xii), for “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

(b) in sub-paragraph (c), for “UK” substitute “GB”,

(d) in paragraph 6A(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) for head (vii) substitute— (vii) the official application number in relation to the application for listing under— (aa) in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or (bb) in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001[^f00049] for acceptance on to an NI Variety List;

(d) for sub-paragraph (e) substitute—

(e) in paragraph 6B(1)(a)(i) (official label for a package of seed of a Conservation Variety), for “EC” substitute “GB”,

(e) in sub-paragraph (f)—

(i) in head (i)—

(aa) for “sub-paragraph” substitute “head”,

(bb) for “UK” substitute “GB”,

(ii) in head (ii), for “sub-paragraph” substitute “head”,

(iii) after head (ii) insert—

(iii) in head (xi), for “National Authority” substitute “GB Authority”,

(f) in sub-paragraph (g), for “UK” substitute “GB”,

(g) for sub-paragraph (h) substitute—

(h) 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 10 (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”,

(h) for sub-paragraph (i) substitute—

(i) 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 “in an EEA State other than the United Kingdom” substitute “outside the United Kingdom”, (ii) for “EEA State” in the first place where it occurs, substitute “country outside the United Kingdom”, (iii) for “EEA State” in the second place where it occurs substitute “country”, (iv) for “the Department of Agriculture and Rural Development” substitute “DAERA”.

Amendments relating to the Cereal Seed (Scotland) Regulations 2005

14

(1) Regulation 13 (the Cereal Seed (Scotland) Regulations 2005) is amended as follows.

(2) In paragraph (2)—

(a) for sub-paragraph (b) substitute—

(b) in the definition of “blended seed lot”— (i) omit “or Annex I (crop conditions) of the Cereal Seed Directive”, (ii) for “National Authority” substitute “GB Authority or the NI Authority”,

(b) for sub-paragraph (c) substitute—

(c) in the definition of “breeder”— (i) in sub-paragraph (a), for “UK National List or the Common Catalogue” substitute “GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence”, (ii) in sub-paragraph (b), for “UK National List or in the Common Catalogue” and “UK National List or Common Catalogue” substitute “GB Variety List, NI Variety List or equivalent list in a country granted equivalence”,

(d) in the definition of “bulked seed lot”— (i) in sub-paragraph (a)(iii), omit “or Annex I (crop conditions) of the Cereal Seed Directive”, (ii) in sub-paragraph (b), for “National Authority” substitute “GB Authority or the NI Authority”,

(d) for sub-paragraph (e) substitute—

(e) omit the definitions of “Common Catalogue” and “the Common Catalogue Directive”, (ea) in the definition of “Conservation Variety”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

(e) for sub-paragraph (f) substitute—

(f) in the definition of “control plot”, for “European Authority” in both places it occurs substitute “GB Authority or the NI Authority”,

(f) in sub-paragraph (g), for the definition of “country granted equivalence” to be inserted substitute—

“country granted equivalence” means a country that has been— granted equivalence under the Equivalence Decision; or assessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;

(g) after sub-paragraph (g) insert—

(ga) for the definition of “Department of Agriculture and Rural Development” substitute— - “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

(h) for sub-paragraph (h) substitute—

(h) omit the definition of “EEA State”,

(i) for sub-paragraph (i) substitute—

(i) omit the definitions of “European Authority” and “by a European Authority”,

(j) omit sub-paragraph (j),

(k) for sub-paragraph (k) substitute—

(k) in the definition of “fully certified”— (i) in sub-paragraph (b), for “European” substitute “International”, (ii) in the text after sub-paragraph (b), for the words “either in” to the end substitute “schedule 4;”,

(l) for sub-paragraph (l) substitute—

(l) after the definition of “genetically modified” insert— - “the GMO Regulations” means— in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002[^f00050]; in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002[^f00051]; in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002[^f00052]; in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003[^f00053]; - “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales; - “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation; - “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001[^f00054]; (la) after the definition of “homogeneous seed lot” insert— - “International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means– by or on behalf of a GB Authority; by or on behalf of the NI Authority; or by or on behalf of the competent seed certification authority of a country other than the United Kingdom; (lb) in the definitions of “licensed crop inspector”, “licensed seed sampler” and “licensed seed testing station”, for sub-paragraph (b) in each definition substitute— (b) granted under provisions equivalent to that regulation by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority;

(m) for sub-paragraph (m) substitute—

(m) omit the definition of “licensed EC crop inspector”, (n) omit the definition of “National Authority”, (o) before the definition of “oats” insert— - “NI Authority” means DAERA; - “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[^f00055]; (p) in the definition of “official field inspection”— (i) in sub-paragraph (a), for “European Authority” substitute “a GB Authority or the NI Authority”, (ii) in sub-paragraph (b), omit the words “or a licensed EC crop inspector”, (q) in the definition of “official label”, for “a European Authority” substitute “an International Authority”, (r) in the definition of “official post control”, for “the relevant European Authority” substitute “an International Authority”, (s) in the definition of “official post control the results of which have been satisfactory“— (i) for “the relevant European Authority” substitute “an International Authority”, (ii) for sub-paragraph (a)(ii) substitute— (ii) in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4; (t) after the definition of “official sticker” insert— - “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation; (u) omit the definition of “protected zone quarantine pest”, (v) for the definition of “registered or licensed number” substitute— - “registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provision equivalent to that regulation by— a GB Authority other than the Scottish Ministers; or the NI Authority; (w) in the definition of “RNQP”, for “Union” in each place it occurs substitute “GB”, (x) for the definition of “third country” substitute— - “third country” means any country or territory other than the British Islands; (y) omit the definition of “Union quarantine pest”.

(3) In paragraph (3)—

(a) for sub-paragraph (a) substitute—

(a) in the definition of “Pre-basic Seed”, for paragraph (c) substitute— (c) has been— (i) subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed specified in schedule 4; (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

(b) for sub-paragraph (b) substitute—

(b) in the definition of “Basic Seed”, for paragraph (f) substitute— (f) has been— (i) subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the requirements for Basic Seed specified in schedule 4; (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

(c) in the definition of “Certified Seed”, for paragraph (c) substitute— (c) has been— (i) subject to regulation 12, officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in schedule 4; (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom;

(d) for sub-paragraph (d) substitute—

(d) in the definition of “Certified Seed of the First Generation”, for paragraph (c) substitute— (c) has been— (i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in schedule 4; (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;

(e) for sub-paragraph (e) substitute—

(e) in the definition of “Certified Seed of the Second Generation”, for paragraph (c) substitute— (c) has been— (i) officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Second Generation specified in schedule 4; (ii) certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

(4) For paragraph (5)(a) substitute—

(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”, (aa) in paragraph (2)(b)(i), omit “or Annex I (crop conditions) of the Cereal Seed Directive”, (ab) in paragraph (3), for “a European” substitute “an International”,

(5) For paragraph (6) substitute—

(6) 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) In paragraph (7)—

(a) in sub-paragraph (a), for the new paragraph (1)(b) to be inserted 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) in sub-paragraph (b), in the new paragraph (4)(a) to be inserted, for “exit” substitute “IP completion”.

(7) In paragraph (8)—

(a) in sub-paragraph (a), for the new paragraph (1)(b) to be inserted substitute—

(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) for sub-paragraph (b) substitute—

(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[^f00056] 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;

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

(d) for paragraph (e) substitute—

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

(8) In paragraph (9)—

(a) in sub-paragraph (a), in the new paragraph (8A) to be inserted, for “the United Kingdom” in each place it occurs substitute “Great Britain”,

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

(ii) for the definition of “region of origin” substitute— - “region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if— in the first sub-paragraph— for “a Member State accepts”, there were substituted “the Scottish Ministers accept”; for “it shall”, there were substituted “they must”; for “It shall”, there were substituted “The Scottish Ministers must”; for “Member States”, there were substituted “Scottish Ministers”; the second sub-paragraph was omitted.

(9) In paragraph (10), for the new paragraph (2) to be inserted substitute—

(2) The Scottish Ministers may exercise the power under paragraph (1)— (a) for the purposes of 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) 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. (2A) The duration of a temporary experiment referred to in paragraph (2)(a) must not exceed 7 years. (2B) When seed is marketed in accordance with paragraph (2)(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.

(10) In paragraph (11)—

(a) in sub-paragraph (a)—

(i) in head (ii), in the new sub-paragraph (b) to be inserted, for heads (i) and (ii) substitute—

(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,

(ii) in head (iii), in the new sub-paragraph (c)(ii) to be inserted, for sub-heads (aa) and (bb) substitute—

(aa) by a GB Authority other than the Scottish Ministers, in 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 the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.

(b) for sub-paragraph (b) substitute—

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

(11) In paragraph (12)—

(a) for sub-paragraph (a) substitute—

(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) for sub-paragraph (b)(i) substitute—

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

(c) in paragraph (5), for the words “the United Kingdom” to the end substitute “Great Britain from a country granted equivalence.”.

(12) In paragraph (13), for sub-paragraphs (a) to (c) substitute—

(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— (i) “or licensed EC crop inspector”, and (ii) “, or licensed EC crop inspector’s,”.

(13) In paragraph (14), for “National” substitute “International”.

(14) In paragraph (15)—

(a) for sub-paragraph (a) substitute—

(a) for sub-paragraph (1)(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) for sub-paragraph (b) substitute—

(b) for paragraph (3)(b) substitute— (b) in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

(15) In paragraph (16)—

(a) for sub-paragraph (a) substitute—

(a) for paragraph (4A)(b) substitute— (b) where seed is sealed in any part of the United Kingdom other than Scotland, be labelled in accordance with the requirements for labelling applicable to a Conservation Variety in the relevant part of the United Kingdom.

(b) for sub-paragraph (b) substitute—

(b) for paragraph (5)(b) substitute— (b) which is sealed in any part of the United Kingdom other than Scotland will satisfy the applicable requirements in the relevant part of the United Kingdom,

(c) for paragraph (8)(b) substitute— (b) which is sealed in any other part of the United Kingdom, must contain an official document in accordance with the applicable requirements for official documents and, as the case may be, for labelling of packages of mixtures of seeds, in the relevant part of the United Kingdom.

(d) for sub-paragraph (d) substitute—

(d) in paragraph (10)— (i) for sub-paragraph (a) substitute— (a) (i) for packages sealed in Scotland, the appropriate particulars of the matters specified in Part II of Schedule 6 and paragraphs (3), (6)(a), (12) and (13), are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; (ii) for packages sealed in any other part of the United Kingdom, the appropriate particulars of the matters specified in accordance with the applicable requirements in the relevant part of the United Kingdom, are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; and (ii) for sub-paragraph (c) substitute— (c) the requirements of paragraph 17 of Part VI of Schedule 6 are satisfied in the case of a package sealed in any other part of the United Kingdom.

(16) For paragraph (17) substitute—

(17) In regulation 20 (breeder’s confirmations)— (a) in paragraph (1)(c)— (i) in head (i), for the words “UK National List” to the end substitute “GB Variety List or an NI Variety List”, (ii) in head (ii), for the words “UK National List” to the end substitute “GB Variety List or an NI Variety List”, (b) in paragraphs (5) and (6), for the words “UK National List (or to an equivalent list in another EEA State)” substitute “GB Variety List or an NI Variety List”.

(17) In paragraph (20)—

(a) in the new regulation 26A to be inserted, in the heading and the regulation, after “Crown Dependency” insert “or a country granted equivalence”,

(b) in the new regulation 26B to be inserted—

(i) in the heading and the regulation, for “exit” in each place it occurs substitute “IP completion”,

(ii) for “two years” substitute “twelve months”.

(18) In paragraph (21)—

(a) for sub-paragraph (b) substitute—

(b) 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 14(1) for the issue of an official certificate in respect of a seed lot as Pre basic Seed, Basic Seed or Seed of a Certified Generation, 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 of the First Generation, 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 of the First Generation 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, 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 I of schedule 4 (crop standards); and (b) has been packed in a sealed package in accordance with the requirements of regulation 16 (sealing of packages of fully certified seed) and has been labelled in accordance with the requirements of regulation 17 (labelling of packages of fully certified seed) and schedule 6.

(b) for sub-paragraph (c) substitute—

(c) in paragraph 7(d) (when applications may be refused), for the words “UK National List (or to an equivalent list in an EEA State)” substitute “GB Variety List or an NI Variety List”.

(19) For paragraph (22) substitute—

(22) In Schedule 4 (requirements for Pre Basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation and Certified Seed of the Second Generation)— (a) in Part I (conditions relating to crops from which seed is obtained)— (i) in paragraph 2 (varietal identity and varietal purity), for the words “UK National List” to the end substitute “GB Variety List or NI Variety List”, (ii) in paragraph 4 (pests in the crop)— (aa) for “Union” substitute “GB”, (bb) for “protected zone” substitute “PFA”, (b) in Part II (conditions relating to Basic Seed, Certified Seed, Certified Seed of the First Generation and Certified Seed of the Second Generation), in paragraph 17(2) (pests in the seed)— (i) for “Union” substitute “GB”, (ii) for “protected zone” substitute “PFA”.

(20) For paragraph (23)(a) substitute—

(a) in Part III (conditions relating to crops from which seed is obtained), in paragraph 1 (varietal identity and varietal purity), for the words “UK National List” to the end substitute “GB Variety List or NI Variety List”,

(21) In paragraph (24)—

(a) in sub-paragraph (b)—

(i) in head (i)—

(aa) for “sub-paragraph” substitute “head”,

(bb) for “UK” substitute “GB”,

(ii) in head (ii), for “sub-paragraph” substitute “head”,

(iii) for head (iii) substitute—

(iii) in head (xi)(aa), for “UK National List or the Common Catalogue” substitute “GB Variety List or an NI Variety List”,

(b) for sub-paragraph (d) substitute—

(d) in paragraph 6A(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) for head (vii) substitute— (vii) the official application number in relation to the application for listing under— (aa) in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or (bb) in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001[^f00057];

(d) in sub-paragraph (f), for “UK” substitute “GB”,

(e) for sub-paragraph (g) substitute—

(g) 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 11 (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”,

(f) for sub-paragraph (h) substitute—

(h) in Part VI (printing of specified matters on packages (whole bag labelling)), in paragraph 16 (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 “in an EEA State other than the United Kingdom” substitute “outside the United Kingdom”, (ii) for “EEA State” in the first place where it occurs, substitute “country outside the United Kingdom”, (iii) for “EEA State” in the second place where it occurs substitute “country”, (iv) for “the Department of Agriculture and Rural Development” substitute “DAERA”.

Amendments relating to the Fodder Plant Seed (Scotland) Regulations 2005

15

(1) Regulation 14 (the Fodder Plant Seed (Scotland) Regulations 2005) is amended as follows.

(2) In paragraph (2)—

(a) for sub-paragraph (b) substitute—

(b) in the definition of “blended seed lot”— (i) omit “or Annex I (crop conditions) of the Fodder Plant Seed Directive”, (ii) for “National Authority” substitute “GB Authority or the NI Authority”,

(b) for sub-paragraph (c) substitute—

(c) in the definition of “breeder”— (i) in sub-paragraph (a), for “UK National List or the Common Catalogue” substitute “GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence”, (ii) in sub-paragraph (b), for “UK National List or in the Common Catalogue” and “UK National List or Common Catalogue” substitute “GB Variety List, NI Variety List or equivalent list in a country granted equivalence”, (ca) in the definition of “breeder’s designation”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

(d) in the definition of “bulked seed lot”— (i) in sub-paragraph (a)(iii), omit “or Annex I (crop conditions) of the Fodder Plant Seed Directive”, (ii) in sub-paragraph (b), for “National Authority” substitute “GB Authority or the NI Authority”,

(d) for sub-paragraph (e) substitute—

(e) omit the definitions of “Common Catalogue” and “the Common Catalogue Directive”, (ea) in the definition of “Conservation Variety”, for “UK National List” substitute “GB Variety List or an NI Variety List”,

(e) for sub-paragraph (f) substitute—

(f) in the definition of “control plot”, for “European Authority” in both places it occurs substitute “GB Authority or the NI Authority”,

(f) in sub-paragraph (g), for definition of “country granted equivalence” to be inserted substitute—

“country granted equivalence” means a country that has been— granted equivalence under the Equivalence Decision; or assessed by the Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;

(g) after sub-paragraph (h) insert—

(ha) for the definition of “Department of Agriculture and Rural Development” substitute— - “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

(h) for sub-paragraph (i) substitute—

(i) omit the definition of “EEA State”,

(i) for sub-paragraph (j) substitute—

(j) omit the definitions of “European Authority” and “by a European Authority”,

(j) omit sub-paragraph (k),

(k) for sub-paragraph (l) substitute—

(l) in the definition of “fully certified”— (i) in sub-paragraph (b), for “European” substitute “International”, (ii) in the text after sub-paragraph (b), for the words “either in” to the end substitute “Schedule 4;”,

(l) for sub-paragraph (m) substitute—

(m) after the definition of “genetically modified” insert— - “the GMO Regulations” means— in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002[^f00058]; in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002[^f00059]; in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002[^f00060]; in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003[^f00061]; - “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales; - “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation; - “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001[^f00062]; (ma) after the definition of “homogenous seed lot” insert— - “International Authority“ means a GB authority or the NI authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means– by or on behalf of a GB Authority; by or on behalf of the NI Authority; or by or on behalf of the competent seed certification authority of a country other than the United Kingdom; (mb) in the definitions of “licensed crop inspector”, “licensed seed sampler” and “licensed seed testing station”, for sub-paragraph (b) substitute— (b) granted under provisions equivalent to that regulation by— (i) a GB Authority other than the Scottish Ministers; or (ii) the NI Authority;

(m) for sub-paragraph (n) substitute—

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