The Seed Potatoes (Wales) Regulations 2006

Made: 7 November 2006

Coming into force: 15 November 2006

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Title, commencement and application

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Interpretation

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Seed potatoes to which these Regulations do not apply

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Marketing of seed potatoes

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Marketing in the protected region

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Size of seed potatoes

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Marketing of seed potatoes for scientific purposes or selection work

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Marketing of seed potatoes for test and trial purposes

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Certification of seed potatoes

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Composition of lots of seed potatoes

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Packages and containers for seed potatoes

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Labelling of packages and containers of seed potatoes

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Sealing of packages and containers

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Identification of genetically modified seed potatoes

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Seed potatoes from outside the European Community: information

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Separate particulars

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Retail sales of seed potatoes

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Sampling of seed potatoes

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Keeping of records

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Enforcement — powers of examination and production

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Enforcement — power to withdraw official labels, official documents and growing crop certificates

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Service of notices

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Modification of provisions of the Act

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Revocations

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SCHEDULE 1 — GROWING CROP CERTIFICATES

PART I

General

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PART II

Pre-basic seed potatoes

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PART III

Basic seed potatoes

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PART IV

Certified seed potatoes

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SCHEDULE 2 — OFFICIAL LABEL AND OFFICIAL DOCUMENT

PART I — Official Label

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PART II — Official document

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SCHEDULE 3 — SPECIFIED DISEASES OR PESTS, DAMAGE AND DEFECTS AND TOLERANCES

PART I — Pre-basic seed potatoes of pre-basic TC class produced in Wales

Column 1	Column 2
Specified diseases or pests, damage and defects	Individual tolerances
GROUP I	GROUP I
Wart Disease (Synchytrium endobioticum (Schlib.) Perc.)	Nil
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	Nil
Potato Cyst Nematode (Globodera species infesting potatoes)	Nil
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. spp. sepedonicus (Spieck. & Kotth.) Davis et al.)	Nil
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	Nil
Potato Spindle Tuber Viroid	Nil
Colorado Beetle (Lepinotarsa decemlineata (Say))	Nil
GROUP II	GROUP II
Blight (Phytophthora infestans (Mont.) de Bary)	Nil
Blackleg (Erwinia carotovora (Jones) Bergey et al. spp. atroseptica (Hellmers & Dowson) Dye or Erwiniachrysanthemi Burkholder et al. or both)	Nil
Soft Rots including: Watery Wound Rot (Pythium ultimum Trow)	Nil
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot	Nil
Dry Rot (Fusarium species)	Nil
Gangrene (Phoma species)	Nil
Frost damaged tubers	Nil
GROUP III	GROUP III
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	Nil
GROUP IV	GROUP IV
Black Scurf (Rhizoctonia solani Kuhn)	Nil
Common Scab (Streptomyces species)	Nil
GROUP V	GROUP V
Powdery scab (Spongospora subterranea (Wallr.) Legerh.)	Nil
GROUP VI	GROUP VI
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	3.0%
GROUP VII	GROUP VII
Dirt or other extraneous matter	1.0%

PART II — Pre-basic seed potatoes of pre-basic 1, pre-basic 2, pre-basic 3 or pre-basic 4 class produced in Wales

Column 1	Column 2	Column 3	Column 4
Specified diseases or pests, damage and defects	Individual tolerances	Group tolerances	Collective group tolerances
GROUP I	GROUP I	GROUP I	GROUP I
Wart Disease (Synchytrium endobioticum (Schlib.) Perc.)	Nil
Potato Tuber Eelworm (Ditylenchusdestructor Thorne)	Nil
Potato Cyst Nematode (Globodera species infesting potatoes)	Nil
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. spp. sepedonicus (Spieck. & Kotth.) Davis et al.)	Nil
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	Nil
Potato Spindle Tuber Viroid	Nil
Colorado Beetle (Lepinotarsa decemlineata (Say))	Nil
GROUP II	GROUP II	GROUP II	GROUP II
Blight (Phytophthora infestans (Mont.) de Bary)	0.2%	)	)
Blackleg (Erwinia carotovora (Jones) Bergey et al. spp. atroseptica (Hellmers & Dowson) Dye or Erwinia chrysanthemi Burkholder et al. or both)	Nil	)	)
Soft Rots including: Watery Wound Rot (Pythium ultimum Trow)	0.2%	)	)
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot	0.2%	) 0.2%	)
Dry Rot (Fusarium species)	0.2%	)	)
Gangrene (Phoma species)	0.2%	)	)
Frost damaged tubers	0.2%	)	)
GROUP III	GROUP III	GROUP III	GROUP III
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	0.2%	)	) 5.0%
GROUP IV	GROUP IV	GROUP IV	GROUP IV
Black Scurf (Rhizoctonia solani Kuhn)	1.0%	) 5.0%	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-eighth of whose surface area has been affected are to be deemed to be unaffected by the disease.
Common Scab (Streptomyces species)	5.0%	)	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-third of whose surface area has been affected are to be deemed to be unaffected by the disease.
GROUP V	GROUP V	GROUP V	GROUP V
Powdery scab (Spongospora subterranea (Wallr.) Legerh.)	1.0%	)	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-eighth of whose surface area has been affected are to be deemed to be unaffected by the disease.
GROUP VI	GROUP VI	GROUP VI	GROUP VI
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	1.0%
Superficial necrosis caused by potato virus Y	Nil
GROUP VII	GROUP VII	GROUP VII	GROUP VII
Dirt or other extraneous matter	1.0%

PART III — Basic seed potatoes and certified seed potatoes produced in Wales

Column 1	Column 2	Column 3	Column 4
Specified diseases or pests, damage and defects	Individual tolerances	Group tolerances	Collective group tolerances
GROUP I	GROUP I	GROUP I	GROUP I
Wart Disease (Synchytriumendobioticum (Schlib.) Perc.)	Nil
Potato Tuber Eelworm (Ditylenchusdestructor Thorne)	Nil
Potato Cyst Nematode (Globodera species infesting potatoes)	Nil
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. spp. sepedonicus (Spieck. & Kotth.) Davis et al.)	Nil
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	Nil
Potato Spindle Tuber Viroid	Nil
Colorado Beetle (Lepinotarsa decemlineata (Say))	Nil
GROUP II	GROUP II	GROUP II	GROUP II
Blight (Phytophthora infestans (Mont.) de Bary)	1.0%	)	)
Blackleg (Erwinia carotovora (Jones) Bergey et al. spp. atroseptica (Hellmers & Dowson) Dye or Erwinia chrysanthemi Burkholder et al. or both)	1.0%	)	)
Soft Rots including Watery Wound Rot (Pythium ultimum Trow)	1.0%	) 1.0%	)
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot	1.0%	)	)
Dry Rot (Fusarium species)	1.0%	)	)
Gangrene (Phoma species)	1.0%	)	)
Frost damaged tubers	1.0%	)	)
Provided that in respect of seed potatoes of a Community Grade the individual tolerances listed in column 2 and the group tolerances listed in column 3 do not exceed 0.5%.
GROUP III	GROUP III	GROUP III	GROUP III
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	0.5% except for A and CC classes;	)	)
	2.0% for A and CC classes only
Powdery scab (Spongosporasubterranea (Wallr.) Legerh.)	3.0%	) 5.0%	) 5.0%
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-eighth of whose surface area has been affected are to be deemed to be unaffected by the disease (except where powdery scab takes its cankerous form).
GROUP IV	GROUP IV	GROUP IV	GROUP IV
Black Scurf (Rhizoctonia solani Kuhn)	3.0%	)	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-quarter of whose surface area has been affected in respect of class A and class CC and one-eighth unaffected in respect of all other classes are to be deemed to be unaffected by the disease.
Common Scab (Streptomyces species)	5.0%	)	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-third of whose surface area has been affected are to be deemed to be unaffected by the disease.
GROUP V	GROUP V	GROUP V	GROUP V
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	2.0%	2.0%	)
Superficial necrosis caused by strains of potato virus Y	0.1%
GROUP VI	GROUP VI	GROUP VI	GROUP VI
Dirt or other extraneous matter	1.0%

PART IV — Test and trial seed potatoes

Column 1	Column 2	Column 3
Specified diseases or pests, damage and defects	Individual tolerances	Collective tolerances
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	Nil
Potato Cyst Nematode (Globodera species infesting potatoes)	Nil
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. spp. sepedonicus (Spieck. & Kotth.) Davis et al.)	Nil
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	Nil
Potato Spindle Tuber Viroid	Nil
Colorado Beetle (Lepinotarsa decemlineata (Say))	Nil
Wart Disease (Synchytrium endobioticum (Schlib.) Perc.)	Nil
Earth or other extraneous matter	2.0 %
Dry and wet rot, except if caused by Synchytriumendobioticum, Clavibacter michiganensis (Smith) Davis et al. ssp. Sepedonicus (Spieck. & Kotth.) Davis et al. or Ralstonia solanacearum (Smith) Yabuuchi et al.	1.0 %	)
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	3.0 %	) 6.0 %
Common scab: tubers affected over more than one-third of their surface	5.0 %	)

SCHEDULE 4 — CLASSIFICATION OF SEED POTATOES

PART I — Seed potatoes capable of being marketed as pre-basic seed potatoes

In the course of making a determination for the purposes of Schedule 1, paragraph 1(b), where an authorised officer determines that seed potatoes are capable of being marketed as pre-basic seed potatoes, he or she may classify them as being seed potatoes of any of the classes specified in column 1 of table 1 where he or she is satisfied following inspection that the requirements specified in column 2 in relation to that class have been met.

Column 1	Column 2
Class	Requirements
Pre-basic TC	1 The seed potatoes must— a be derived from nuclear stock or tested tubers supplied by a source acceptable to the National Assembly which have been grown on a unit where no material of the species Solanaceae or other material, other than that derived from nuclear stock or tested tubers from a source acceptable to the National Assembly, has been grown; and b have been kept free from— i potato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus, ii witches' broom and blackleg, iii deviations of variety and type, and iv groundkeepers.
Pre-basic 1	2 The seed potatoes must— a be derived from— i nuclear stock or tested tubers supplied by a source acceptable to the National Assembly which have been grown on a unit where no material of the species Solanaceae or other material, other than that derived from nuclear stock or tested tubers from a source acceptable to the National Assembly, has been grown; ii a stock which was classified as pre-basic TC in the year preceding the planting of the crop; or iii such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; and b have been kept free from— i potato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus, ii witches' broom and blackleg, iii deviations of variety and type, and iv groundkeepers.
Pre-basic 2	3 The seed potatoes must— a be derived from— i a stock which was classified as pre-basic 1 in the year preceding the planting of the crop; or ii such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; and b have been kept free from— i potato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus, ii witches' broom and blackleg, iii deviations of variety and type, and iv groundkeepers.
Pre-basic 3	4 The seed potatoes must— a be derived from— i a stock which was classified as pre-basic 2 in the year preceding the planting of the crop; or ii such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; and b have been kept free from— i potato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus, ii witches' broom and blackleg, iii deviations of variety and type, and iv groundkeepers.
Pre-basic 4	5 The seed potatoes must— a be derived from— i a stock which was classified as pre-basic 3 in the year preceding the planting of the crop; or ii such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; and b have been kept free from— i potato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus, ii witches' broom and blackleg, iii deviations of variety and type, and iv groundkeepers.

PART II — Seed potatoes capable of being marketed as basic seed potatoes

In the course of making a determination for the purposes of Schedule 1, paragraph 1(b), where an authorised officer determines that seed potatoes are capable of being marketed as basic seed potatoes, he or she may classify them as being seed potatoes of—

• (a) any of the classes specified in column 1 of table 2 where he or she is satisfied following inspection that the requirements specified in column 2 in relation to that class have been met and that the tolerances specified in column 3 have not been exceeded in respect of those seed potatoes; or

• (b) a Community Grade where he or she is satisfied following inspection that the requirements of Commission Directive 93/17/EEC of 30 March 1993 determining Community Grades of basic seed potatoes, together with the conditions and designations applicable to such grades( ) have been met.

Column 1	Column 2	Column 3
Class	Requirements	Tolerances
Super Elite 1 (SE1)	6 The seed potatoes must be derived from— a a stock of pre-basic seed potatoes or a stock classified under the Seed Potatoes Regulations 1991 as VTSC 1 or VTSC 2 in the year preceding the planting of the crop; or b such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	i deviations from variety and type and groundkeepers — 0.05%. ii severe mosaic — nil. iii leafroll — 0.01%. iv mild mosaic — 0.05%. v blackleg — 0.25%.
Super Elite 2 (SE2)	7 The seed potatoes must be derived from— a a stock which was classified as SE1 in the year preceding the planting of the crop; or b such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class SE1 potatoes.
Super Elite 3 (SE3)	8 The seed potatoes must be derived from— a a stock which was classified as SE2 in the year preceding the planting of the crop; or b such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class SE1 potatoes.
Elite 1 (E1)	9 The seed potatoes must be derived from— a a stock which was certified as pre-basic seed potatoes or basic seed potatoes (other than E1, E2, E3 or A class) in the year preceding the planting of the crop; or b such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	i deviations from variety and type and groundkeepers — 0.05%. ii total virus disease (leafroll, severe mosaic and mild mosaic) — 0.5% of which not more than 0.1% in total is leafroll and severe mosaic. iii blackleg — 0.5%.
Elite 2 (E2)	10 The seed potatoes must be derived from— a a stock which was classified as E1 in the year preceding the planting of the crop; b basic seed potatoes of Community Grade EC grade 1 or EC grade 2; or c such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class E1 potatoes.
Elite 3 (E3)	11 The seed potatoes must be derived from— a a stock which was classified as E2 in the year preceding the planting of the crop; or b such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class E1 potatoes.
A	12 The seed potatoes must be derived from— a inside the protected region, a stock which was certified as pre-basic seed potatoes or basic seed potatoes (other than A class) in the year preceding the planting of the crop; b outside the protected region, a stock of pre- basic seed potatoes or basic seed potatoes of Community Grade EC grade 3; or c such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	i deviations from variety and type and groundkeepers — 0.1%. ii total virus disease — 0.8% of which not more than 0.4% in total is leafroll and severe mosaic. iii blackleg — 1.0%.

PART III — Seed potatoes capable of being marketed as certified seed potatoes

In the course of making a determination for the purposes of Schedule 1, paragraph 1(b), where an authorised officer determines that seed potatoes are capable of being marketed as certified seed potatoes, he or she must classify them as seed potatoes of a class known as CC class where he or she is satisfied on a sample that the requirements specified in column 2 of table 3 in relation to that class have been met and that the tolerances specified in column 3 have not been exceeded in respect of those potatoes.

Column 1	Column 2	Column 3
Class	Requirements	Tolerances
CC	The seed potatoes must be produced—	a directly from pre-basic seed potatoes, basic seed potatoes or certified seed potatoes; or b from a crop grown with the authority of or in circumstances notified in writing as being acceptable to the National Assembly. i leafroll and severe mosaic — 2.0% ii mild mosaic — 5.0%, providing that the total of leafroll and mild mosaic does not exceed 5% iii blackleg — 2.0% iv deviations from variety and type and groundkeepers — 0.5%, of which deviation from variety — 0.2%.

SCHEDULE 5 — AUTHORISATION FOR MARKETING SEED POTATOES FOR TEST AND TRIAL PURPOSES

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2

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3

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SCHEDULE 6 — INFORMATION IN RESPECT OF SEED POTATOES OF MORE THAN TWO KILOGRAMS PRODUCED IN A COUNTRY OTHER THAN A MEMBER STATE

• Species

• Variety

• Category

• Country of production and Certification Authority

• Country of despatch

• Importer

• Quantity of seed potatoes

SCHEDULE 7 — PARTICULARS TO BE SPECIFIED IN A SALE NOTE, ETC

• Name and address of the seller

• Net weight (except pre-basic seed potatoes)

• Species (except basic seed potatoes and certified seed potatoes)

• Variety

• Category

• Class (as appropriate)

• Community Grade (if applicable)

• Size (except pre-basic seed potatoes)

• Producer’s identification number or (except for seed potatoes produced in Wales) seed lot reference number

• Particulars of any chemical treatment

SCHEDULE 8 — REVOCATIONS

(1)	(2)
Regulations revoked	References
The Seed Potatoes Regulations 1991	S.I. 1991/2206
The Seed Potatoes (Amendment) Regulations 1992	S.I. 1992/1031
The Seed Potatoes (Amendment) Regulations 1993	S.I. 1993/1878
The Seed Potatoes (Amendment) Regulations 1994	S.I. 1994/2592
The Seed Potatoes (Amendment) Regulations 1997	S.I. 1997/1474
The Seed Potatoes (Amendment) (Wales) Regulations 2001	S.I. 2001/3666

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

D. Elis-Thomas — The Presiding Officer of the National Assembly — 2006-11-07

Explanatory note

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Footnotes

[^f00001]: 1964 c. 14; section 16 was amended by section 4(1) of, and paragraph 5(1), (2) and (3) of Schedule 4 to, the European Communities Act 1972 (c. 68), S.I. 1977/1112, and section 2 of the Agriculture Act 1986 (c. 49); see section 38(1) for a definition of “the Minister”.

[^f00002]: Under Article 2 and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964, which were transferred to the Secretary of State by the Transfer of Functions (Wales) (No 1) Order 1978 (S.I. 1978/272), were transferred to the National Assembly for Wales.

[^f00003]: S.I. 1991/2206; relevant amending instruments are S.I. 1992/1031, S.I. 1993/1878, S.I. 1994/2592, S.I. 1997/1474 and S.I. 2000/1788.

[^f00004]: OJ L106, 30.4.1993, p7. The grades of EEC grade 1, EEC grade 2 and EEC grade 3 stated in Commission Directive 93/17/EEC are now referred to as EC grade 1, EC grade 2 and EC grade 3 respectively: references in Article 1 of Commission Decision of 19 December 2003 authorising, in respect of the marketing of seed potatoes in all or part of the territory of certain member States, more stringent measures against certain diseases than are provided for in Annexes I and II to Council Directive 2002/56/EC (OJ L2, 6.1.2004, p47).

[^f00005]: OJ L 106, 17.4.2001, p1.

[^f00006]: OJ L 268, 18.10.2003, p24.

[^f00007]: OJ L 193, 20.7.2002, p60.

[^f00008]: OJ L 25, 30.1.2003, p42.

[^f00009]: OJ L 165, 3.7.2003, p23.

[^f00010]: OJ L 268, 18.10.2003, p1.

[^f00011]: S.I. 2001/3510.

[^f00012]: OJ L 193, 20.7.2002, p1.

[^f00013]: OJ L 362, 9.12.2004, p21.

[^f00014]: OJ L 114, 30.4.2002, p166. This, together with six other Agreements with the Swiss Confederation, was approved by the Council and the Commission by way of Council and Commission Decision 2002/309/EC, Euratom, OJ L 114, 30.4.2002, p1.

[^f00015]: OJ L 301, 28.9.2004, p55.

[^f00016]: 1947 c. 48.

[^f00017]: OJ L 2, 6.1.2004, p47.

[^f00018]: 1967 c. 8.

[^f00019]: Section 25 was amended by the European Communities Act 1972 (c. 68), Schedule 3, Part III and Schedule 4, paragraph 5(2) and by the Criminal Justice Act 1982 (c. 48), Schedule 6, paragraph 16.

[^f00020]: 1998 c. 38.

[^f00021]: S.I. 2006/1643 (W. 158).

In the course of making a determination for the purposes of Schedule 1, paragraph 1(b), where an authorised officer determines that seed potatoes are capable of being marketed as pre-basic seed potatoes, he or she may classify them as being seed potatoes of any of the classes specified in column 1 of table 1 where he or she is satisfied following inspection that the requirements specified in column 2 in relation to that class have been met.

Column 1	Column 2
Class	Requirements
Pre-basic TC	1The seed potatoes must—abe derived from nuclear stock or tested tubers supplied by a source acceptable to the National Assembly which have been grown on a unit where no material of the species Solanaceae or other material, other than that derived from nuclear stock or tested tubers from a source acceptable to the National Assembly, has been grown; andbhave been kept free from—ipotato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus,iiwitches' broom and blackleg,iiideviations of variety and type, andivgroundkeepers.
Pre-basic 1	2The seed potatoes must—abe derived from—inuclear stock or tested tubers supplied by a source acceptable to the National Assembly which have been grown on a unit where no material of the species Solanaceae or other material, other than that derived from nuclear stock or tested tubers from a source acceptable to the National Assembly, has been grown;iia stock which was classified as pre-basic TC in the year preceding the planting of the crop; oriiisuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; andbhave been kept free from—ipotato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus,iiwitches' broom and blackleg,iiideviations of variety and type, andivgroundkeepers.
Pre-basic 2	3The seed potatoes must—abe derived from—ia stock which was classified as pre-basic 1 in the year preceding the planting of the crop; oriisuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; andbhave been kept free from—ipotato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus,iiwitches' broom and blackleg,iiideviations of variety and type, andivgroundkeepers.
Pre-basic 3	4The seed potatoes must—abe derived from—ia stock which was classified as pre-basic 2 in the year preceding the planting of the crop; oriisuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; andbhave been kept free from—ipotato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus,iiwitches' broom and blackleg,iiideviations of variety and type, andivgroundkeepers.
Pre-basic 4	5The seed potatoes must—abe derived from—ia stock which was classified as pre-basic 3 in the year preceding the planting of the crop; oriisuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; andbhave been kept free from—ipotato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus,iiwitches' broom and blackleg,iiideviations of variety and type, andivgroundkeepers.

In the course of making a determination for the purposes of Schedule 1, paragraph 1(b), where an authorised officer determines that seed potatoes are capable of being marketed as basic seed potatoes, he or she may classify them as being seed potatoes of—

• (a) any of the classes specified in column 1 of table 2 where he or she is satisfied following inspection that the requirements specified in column 2 in relation to that class have been met and that the tolerances specified in column 3 have not been exceeded in respect of those seed potatoes; or

• (b) a Community Grade where he or she is satisfied following inspection that the requirements of Commission Directive 93/17/EEC of 30 March 1993 determining Community Grades of basic seed potatoes, together with the conditions and designations applicable to such grades( ) have been met.

Column 1	Column 2	Column 3
Class	Requirements	Tolerances
Super Elite 1 (SE1)	6The seed potatoes must be derived from—aa stock of pre-basic seed potatoes or a stock classified under the Seed Potatoes Regulations 1991 as VTSC 1 or VTSC 2 in the year preceding the planting of the crop; orbsuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	ideviations from variety and type and groundkeepers — 0.05%.iisevere mosaic — nil.iiileafroll — 0.01%.ivmild mosaic — 0.05%.vblackleg — 0.25%.
Super Elite 2 (SE2)	7The seed potatoes must be derived from—aa stock which was classified as SE1 in the year preceding the planting of the crop; orbsuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class SE1 potatoes.
Super Elite 3 (SE3)	8The seed potatoes must be derived from—aa stock which was classified as SE2 in the year preceding the planting of the crop; orbsuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class SE1 potatoes.
Elite 1 (E1)	9The seed potatoes must be derived from—aa stock which was certified as pre-basic seed potatoes or basic seed potatoes (other than E1, E2, E3 or A class) in the year preceding the planting of the crop; orbsuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	ideviations from variety and type and groundkeepers — 0.05%.iitotal virus disease (leafroll, severe mosaic and mild mosaic) — 0.5% of which not more than 0.1% in total is leafroll and severe mosaic.iiiblackleg — 0.5%.
Elite 2 (E2)	10The seed potatoes must be derived from—aa stock which was classified as E1 in the year preceding the planting of the crop;bbasic seed potatoes of Community Grade EC grade 1 or EC grade 2; orcsuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class E1 potatoes.
Elite 3 (E3)	11The seed potatoes must be derived from—aa stock which was classified as E2 in the year preceding the planting of the crop; orbsuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class E1 potatoes.
A	12The seed potatoes must be derived from—ainside the protected region, a stock which was certified as pre-basic seed potatoes or basic seed potatoes (other than A class) in the year preceding the planting of the crop;boutside the protected region, a stock of pre- basic seed potatoes or basic seed potatoes of Community Grade EC grade 3; orcsuch other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	ideviations from variety and type and groundkeepers — 0.1%.iitotal virus disease — 0.8% of which not more than 0.4% in total is leafroll and severe mosaic.iiiblackleg — 1.0%.

In the course of making a determination for the purposes of Schedule 1, paragraph 1(b), where an authorised officer determines that seed potatoes are capable of being marketed as certified seed potatoes, he or she must classify them as seed potatoes of a class known as CC class where he or she is satisfied on a sample that the requirements specified in column 2 of table 3 in relation to that class have been met and that the tolerances specified in column 3 have not been exceeded in respect of those potatoes.

Column 1	Column 2	Column 3	Column 3
Class	Requirements	Tolerances	Tolerances
CC	The seed potatoes must be produced—	adirectly from pre-basic seed potatoes, basic seed potatoes or certified seed potatoes; orbfrom a crop grown with the authority of or in circumstances notified in writing as being acceptable to the National Assembly.	ileafroll and severe mosaic — 2.0%iimild mosaic — 5.0%, providing that the total of leafroll and mild mosaic does not exceed 5%iiiblackleg — 2.0%ivdeviations from variety and type and groundkeepers — 0.5%, of which deviation from variety — 0.2%.

• Species

• Variety

• Category

• Country of production and Certification Authority

• Country of despatch

• Importer

• Quantity of seed potatoes

• Name and address of the seller

• Net weight (except pre-basic seed potatoes)

• Species (except basic seed potatoes and certified seed potatoes)

• Variety

• Category

• Class (as appropriate)

• Community Grade (if applicable)

• Size (except pre-basic seed potatoes)

• Producer's identification number or (except for seed potatoes produced in Wales) seed lot reference number

• Particulars of any chemical treatment

Editorial notes

[^key-543763f632bb85c8761e851bc7d52b8c]: Regulations revoked (29.2.2016) by The Seed Potatoes (Wales) Regulations 2016 (S.I. 2016/106), regs. 1(2), 25(a)

Marketing of conservation varieties

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marketing in the protected region

Size of seed potatoes

Marketing of seed potatoes for scientific purposes or selection work

Marketing of seed potatoes for test and trial purposes

Certification of seed potatoes

Composition of lots of seed potatoes

Packages and containers for seed potatoes

Labelling of packages and containers of seed potatoes

Sealing of packages and containers

Identification of genetically modified seed potatoes

Seed potatoes from outside the European Union : information

Separate particulars

Retail sales of seed potatoes

Sampling of seed potatoes

Keeping of records

Enforcement — powers of examination and production

Enforcement — power to withdraw official labels, official documents and growing crop certificates

Service of notices

Modification of provisions of the Act

Revocations

8A

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