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

Made: 14 June 2017

Laid before the National Assembly for Wales: 16 June 2017

Coming into force: 19 June 2017

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for any reference to Annexes I to V to Commission Implementing Directive 2014/98/EU[^f00003] to be construed as a reference to those Annexes as amended from time to time.

PART 1 — Introduction

Title, commencement and application

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• (1) The title of these Regulations is the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 and they come into force on 19 June 2017.

• (2) These Regulations apply in relation to Wales.

Interpretation: general

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In these Regulations—

• “basic material” (“deunyddiau sylfaenol”) means propagating material intended for the production of certified material, which has been—in relation to propagating material produced in Wales, certified as basic material in accordance with regulation 9;in relation to propagating material produced outside Wales, certified as basic material by a responsible authority in accordance with (i) in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;(ii) in the case of material produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

• “basic mother plant” (“planhigyn tarddiol sylfaenol”) means a mother plant intended for the production of basic material;

• “CAC material” (“deunyddiau CAC”) means—in relation to propagating material and fruit plants produced in Wales, material and plants that meet the requirements for CAC material in Schedule 1;in relation to propagating material and fruit plants produced outside Wales, material and plants that meet the requirements for CAC material in (i) in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;(ii) in the case of material and plants produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Welsh Ministers as having equivalent effect to Schedule 1;

• “certification” (“ardystio”) means the certification of plant material in accordance with regulation 9 and “certified” (“ardystiedig”) is to be construed accordingly;

• “certified material” (“deunyddiau ardystiedig”) means any propagating material or fruit plants intended for the production of fruit plants, which has been—in relation to propagating material and fruit plants produced in Wales, certified as certified material in accordance with regulation 9;in relation to propagating material and fruit plants produced outside Wales, certified as certified material by a responsible authority in accordance with(i) in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;(ii) in the case of material and plants produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

• “certified mother plant” (“planhigyn tarddiol ardystiedig”) means a mother plant intended for the production of certified material;

• “certified plant material” (“deunyddiau planhigion ardystiedig”) means plant material that is certified (as the case may be) as pre-basic material, basic material or certified material;

• “country granted equivalence” (“gwlad y caniatawyd cywerthedd iddi”) means a country that has been assessed under regulation 5(3) and the Welsh Ministers are satisfied that the plant material from the country is produced under conditions equivalent to the requirements in these Regulations for plant material;

• “Crown Dependency” (“Tiriogaeth Ddibynnol y Goron”) means the Isle of Man or any of the Channel Islands;

• “cryopreservation” (“rhewgadw”) means the maintenance of plant material by cooling to ultra-low temperatures in order to retain the viability of the material;

• “defects” (“diffygion”) include injuries, discoloration, scar tissues or desiccation that affect the quality and usefulness of a mother plant or plant material as propagating material;

• “ the fruit marketing regulations ” (“y rheoliadau marchnata ffrwythau”) means—as regards England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017; as regards Scotland, the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017;as regards Northern Ireland, the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017—

• and “the relevant fruit marketing regulations” (“y rheoliadau marchnata ffrwythau perthnasol”), in relation to any constituent part of the United Kingdom, means the fruit marketing regulations applicable in relation to that part;

• “fruit plant” (“planhigyn ffrwythau”) means a plant intended to be planted or replanted, after marketing;

• “inspector” (“arolygydd”) means a person appointed under regulation 16;

• “lot” (“lot”) means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;

• “marketing” (“marchnata”) means the sale, holding with a view to a sale, offer for sale, and any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties, whether or not for consideration;

• “micropropagation” (“microluosogi”) means the multiplication of plant material in order to produce a large number of plants, using in vitro culture of differentiated vegetative buds or differentiated vegetative meristems taken from a plant;

• “mother plant” (“planhigyn tarddiol”) means an identified plant intended for propagation;

• “official description” (“disgrifiad swyddogol”) means the description of a variety provided for—registration as a variety; orthe grant of plant variety rights;

• “official examination” (“archwiliad swyddogol”) means an examination or inspection conducted by an inspector, including one conducted by way of sample;

• “official label” (“label swyddogol”) means—for certified plant material produced in Wales, a label issued or approved in accordance with regulation 10(2);for certified plant material produced outside Wales, a label issued or approved by the responsible authority in the country or territory where the plant material was produced and which meets, as appropriate to the plant material to which the label relates, the requirements of (i) in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;(ii) in the case of plant material produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Welsh Ministers as having equivalent effect to Part 1 of Schedule 2;

• “officially recognised description” (“disgrifiad a gydnabyddir yn swyddogol”) means a description of key morphological features that enable the variety to be identified;

• “outside Wales” (“y tu allan i Gymru”) means any part of the United Kingdom other than Wales , any Crown Dependency or country granted equivalence;

• “plant material” (“deunyddiau planhigion”) means the plants and materials described in regulation 4;

• “plant variety rights” (“hawliau amrywogaeth planhigion”) means rights granted under—Part 1 of the Plant Varieties Act 1997; or ...domestic legislation in countries or territories, other than those forming part of the United Kingdom, that affords plant variety protection in accordance with UPOV;

• “practically free from defects’” (“rhydd rhag diffygion i bob pwrpas”) means that defects likely to impair the quality and usefulness of the propagating material or fruit plants, are present at a level equal to, or lower than, the level expected to result from good cultivating and handling practices, and that level is consistent with good cultivating and handling practices;

• “pre-basic material” (“deunyddiau cyn-sylfaenol”) means propagating material intended for the production of basic or certified material, which has been—in relation to propagating material produced in Wales, certified as pre-basic material in accordance with regulation 9;in relation to propagating material produced outside Wales, certified as pre-basic material by a responsible authority in accordance with (i) in the case of material produced in the United Kingdom, the relevant fruit marketing regulations;(ii) in the case of plant material produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Welsh Ministers as having equivalent effect to regulation 9(1) and (2);

• “pre-basic mother plant” (“planhigyn tarddiol cyn-sylfaenol”) means a mother plant intended for the production of pre-basic material;

• “propagating material” (“deunyddiau lluosogi”) means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants;

• “responsible authority” (“awdurdod cyfrifol”) means the authority responsible for the quality of plant material in the country or territory where the plant material was produced;

• “RNQP” (“PRHG”) means a GB regulated non-quarantine pest within the meaning given by Article 36 of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;

• “supplier” (“cyflenwr”) means any person involved professionally in the reproduction, production, preserving, treating, importing or marketing of plant material;

• “supplier’s document” (“dogfen y cyflenwr”) means a document accompanying CAC material and which meets the requirements in Part 2 of Schedule 2;

• “UPOV” (“UPOV”) means the International Union for the Protection of New Varieties of Plants[^f00006];

• “variety” (“amrywogaeth”) means a plant grouping within a single botanical taxon of the lowest known rank, which can be—defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;distinguished from any other plant grouping by the expression of at least one of the said characteristics; andconsidered as an entity in view of its ability to be propagated unchanged;

• “visual inspection” (“arolygiad gweledol”) means the examination of plants or parts of plants in facilities, fields and lots, by an inspector or, where appropriate, the supplier, using the unaided eye, lens, stereoscope or microscope.

Interpretation: Directives

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• (1) In these Regulations—

• ...

• “Directive 2008/90/EC” (“Cyfarwyddeb 2008/90/EC”) means Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production[^f00008];

• “Directive 2014/96/EU” (“Cyfarwyddeb 2014/96/EU”) means Commission Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC[^f00009];

• “Directive 2014/97/EU” (“Cyfarwyddeb 2014/97/EU”) means Commission Implementing Directive 2014/97/EU implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties[^f00010];

• “Directive 2014/98/EU” (“Cyfarwyddeb 2014/98/EU”) means Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections.

• (2) References in these Regulations to Annexes I, II, III, IV or V to Directive 2014/98/EU are references to that Annex as amended from time to time as modified by Schedule 6 to these Regulations.

• (3) Schedule 6 has effect for making modifications to Directive 2014/98/EU.

Plant material to which these Regulations apply

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• (1) These Regulations apply in relation to fruit plants and propagating material of the genera and species listed in Schedule 3 and their hybrids.

• (2) They also apply in relation to parts of plants, including rootstocks, of other genera or species and their hybrids if material from fruit plants listed in Schedule 3 (or any hybrid of such fruit plants) is, or is to be, grafted on to them.

• (3) They do not apply in relation to plant material intended for export from Wales to any country outside Great Britain provided the plant material is identified as such and kept sufficiently isolated.

PART 2 — Marketing of Plant Material

Marketing of plant material

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• (1) A supplier may only market plant material if—

• (a) the supplier is registered in accordance with regulation 11; and

• (b) the plant material meets the requirements in paragraph (2).

• (2) The plant material must be—

• (a) certified plant material or CAC material;

• (b) a variety that may be marketed in accordance with regulation 7;

• (c) marketed with a reference to the variety to which the plant material belongs in accordance with regulation 8;

• (d) in relation to certified plant material, labelled, sealed and packaged in accordance with regulation 10; and

• (e) in relation to CAC material, accompanied by a supplier’s document.

• (3) The Welsh Ministers may authorise the marketing of plant material from any country outside the United Kingdom if satisfied that the plant material has been produced under conditions equivalent to the requirements in these Regulations for plant material.

Exceptions

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Regulation 5(1)(b) does not apply to the marketing of plant material intended for—

• (a) trials or scientific purposes;

• (b) selection work;

• (c) measures aimed at the conservation of genetic diversity.

Varieties that may be marketed

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• (1) Plant material is of a variety that may be marketed if the variety fulfils one or more of the requirements of paragraph (2).

• (2) The variety must—

• (a) have been granted plant variety rights;

• (b) be registered as a variety;

• (c) be the subject of an application for—

• (i) plant variety rights; or

• (ii) registration as a variety;

• (d) have been marketed prior to 30 September 2012 within the European Union and have an officially recognised description; or

• (e) in relation to varieties with no intrinsic value for commercial crop production being marketed within the United Kingdom—

• (i) have an officially recognised description; and

• (ii) be CAC material.

• (3) A supplier who markets plant material of a variety described in paragraph (2)(e) must ensure the plant material is accompanied by a supplier’s document stating that it is marketed in accordance with that paragraph.

• (4) In this regulation, “registered as a variety” (“cofrestredig fel amrywogaeth”) (and “registration” (“cofrestru”) is to be construed accordingly) means—

• (a) registration in Wales as a variety in accordance with Schedule 4; or

• (b) registration as a variety by the responsible authority in any part of the United Kingdom outside Wales in accordance with—

• (i) in relation to England, Schedule 4 to the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017;

• (ii) in relation to Scotland, Schedule 4 to the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017;

• (iii) in relation to Northern Ireland, Schedule 3 to the Marketing of Fruit Plant and Propagating Material (Northern Ireland) Regulations 2017.

References to variety of plant material

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Plant material is marketed with a reference to its variety if it is marketed, in relation to—

• (a) a variety of plant material that is the subject of an application for a grant of plant variety rights, by reference to the breeder’s reference or the proposed name of the variety;

• (b) a registered variety, by reference to its registered name;

• (c) a variety that is the subject of an application for such registration, by reference to the breeders’ reference or the proposed name of the variety;