Made | 29th October 2001 | ||
Laid before Parliament | 31st October 2001 | ||
Coming into force | 1st December 2001 |
1. | Title and commencement |
2. | Interpretation |
3. | National Lists of plant varieties and the Gazette |
4. | Applications in relation to National Lists |
5. | Acceptance of plant varieties |
6. | Naming of plant varieties |
7. | Maintainers of plant varieties |
8. | Official measures |
9. | Arrangements for official measures |
10. | Fees |
11. | Marketing Prohibition Notices |
12. | Maintenance of accepted plant varieties |
13. | Duration of acceptance of plant varieties |
14. | Revocation of acceptance of plant varieties and maintainers |
15. | Records |
16. | Representations and hearings |
17. | Appeals |
18. | Obstruction |
19. | Offences and penalties |
20. | Offences due to fault of another person and defence of due diligence |
21. | Application of provisions of the Plant Varieties and Seeds Act 1964 |
22. | Enforcement |
23. | Service of notices etc. |
24. | Revocations and savings and transitional provisions |
25. | Amendments of Seeds Marketing Regulations |
1. | Varieties of plant species on National Lists and derogated species |
Part I — | Varieties of plant species on National Lists |
Part II — | Derogated species |
2. | Distinctness, stability, sufficient uniformity and satisfactory value for cultivation and use |
Part I — | Distinctness, stability and sufficient uniformity |
Part II — | Satisfactory value for cultivation and use |
Part III — | Various National Authorities do not need to be satisfied are of satisfactory value for cultivation and use |
(b) in relation to cereal seeds -
(c) in relation to fodder plant seeds -
(d) in relation to oil and fibre plant seeds -
(e) in relation to seed potatoes -
(f) in relation to vegetable seeds -
mechanically combined in proportions jointly determined by the maintainers of all the varieties in the association;
(b) in respect of which an application for acceptance on to a National List or a list of another member State corresponding to a National List has been submitted and has not been determined,
(2) Subject to paragraph (3) below, in these Regulations "marketing" means -
whether or not for consideration; and "market" and "marketed" shall be construed accordingly.
(3) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations -
shall not be regarded as marketing of seed of that variety.
(4) The functions of the National Authorities under these Regulations -
(5) Expressions in these Regulations which are not defined in the preceding paragraphs of this regulation and which appear or are referred to in the Common Catalogue Directive have the same meaning in these Regulations as in that Directive; and expressions in these Regulations which are not defined in the preceding paragraphs of this regulation and which appear or are referred to in the Vegetable Seed Marketing Directive have the same meaning in these Regulations as in that Directive.
(6) A reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
National Lists of plant varieties and the Gazette
3.
- (1) For the purposes referred to in paragraph (2) below the Secretary of State shall -
(2) The National Authorities shall accept a plant variety on to a National List in accordance with these Regulations -
and the lists of vegetable plant varieties shall be subdivided into B list vegetable varieties and varieties whose seed may be certified as "pre-basic seed", "basic seed" or "certified seed", or may be controlled as "standard seed", in accordance with the Vegetable Seeds Regulations 1993 and, as respects Northern Ireland, the Vegetable Seeds Regulations (Northern Ireland) 1994.
(3) The National Lists shall not include -
(4) In respect of each variety accepted on to a National List the reference to the variety in the List shall include -
(5) If any plant variety accepted on a National List is a genetically modified variety the Secretary of State shall publish a clear indication of that fact in the List together with the reference number under which the variety has been accepted for marketing in accordance with Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms.
(6) The Secretary of State shall publish in the Gazette notice of any -
together with, in respect of any notice containing information about a genetically modified variety, a clear indication of that fact.
(7) Where the National Authorities propose to make a relevant decision the Secretary of State, in addition to publishing in the Gazette notice of the proposed decision shall also publish in the Gazette -
(8) The National Authorities shall not make a relevant decision before the expiry of the period published in the Gazette as being the period within which written representations, and a request for oral representations, in respect of the proposal for the decision may be made.
Applications in relation to National Lists
4.
- (1) Applications shall be made to the National Authorities in accordance with the following provisions of this regulation for acceptance by the National Authorities -
(d) of a change by a maintainer of a variety on a National List to the name of the variety; or
(e) of a change to the reference in the List to any maintainer of the variety.
(2) The application shall be in a legible form and -
(3) An application for acceptance of a plant variety on to a National List shall include -
as the National Authorities may require for the purpose of determining the application.
(4) An application for -
shall include such reproductive or other material of the plant variety, and of any of its components, as the National Authorities may require for the purpose of determining the application.
(5) If any document required by paragraphs (2)(a) or (3)(b) above to be included with an application is in a language other than English the National Authorities may require it to be accompanied by a complete and adequate translation into the English language.
(6) If the National Authorities have reasonable grounds for believing that any information, document, reproductive or other material of a plant variety relating to but not included with an application referred to in paragraph (1) above is necessary or desirable for the purpose of determining the application, the National Authorities may, by notice to the applicant specifying the information, document or material, require the information, document or material to be given to them within such reasonable period as may be so specified.
(7) If an applicant -
the application shall be treated as if it had been withdrawn.
(8) Where a person has made an application under this regulation in respect of any matter relating to a variety he may not make another application in respect of that matter until the previous application has been finally determined or withdrawn.
Acceptance of plant varieties
5.
- (1) Subject to the following provisions of this regulation, the National Authorities shall base acceptance of a variety on to a National List on the results of official measures, particularly growing trials, carried out in respect of the variety by or on behalf of the National Authorities or by or on behalf of a competent authority in any other member State.
(2) In respect of a B List vegetable variety the National Authorities may also take into consideration the results of unofficial tests and knowledge gained from practical experience during cultivation.
(3) The National Authorities shall not accept a plant variety on to a National List unless they are satisfied that -
(4) The National Authorities may refuse to accept a plant variety on to a National List, whether or not they are satisfied of the matters in respect of the variety specified in paragraph (3) above, if they are satisfied that -
(5) The National Authorities may determine that the acceptance of a variety in accordance with the Common Catalogue Directive or the Vegetable Seed Marketing Directive on to a list published in another member State corresponding to a National List is equivalent to acceptance for inclusion on a National List and, where they so determine, may accept the variety on to a National List.
(6) The National Authorities shall inform the applicant of an acceptance or refusal to accept a variety under this regulation, or a determination under paragraph (5) of this regulation, and of the reasons.
(7) Any function of the National Authorities under these Regulations, including functions in relation to the administration and determination of any application under these Regulations, the examination or inspection of any documents, records or material, the service of notices, the provision of information and the issue of approvals, may be discharged with the agreement of the other National Authorities by any one or more of the National Authorities acting on their behalf.
Naming of plant varieties
6.
- (1) A name of a plant variety is suitable in accordance with this regulation for publication in the Gazette if -
(2) For the purposes of this regulation a name of any plant variety is unsuitable if the National Authorities are satisfied that -
(3) For the purposes of this regulation a variety is known at the time the National Authorities determine an application for its acceptance on to a National List if -
(d) it is not clearly distinguishable from a variety previously accepted on to a National List, on a list in another member State corresponding to a National List or the Common Catalogue.
(4) If the National Authorities are aware that seed or propagating material of a plant variety, whose name is suitable in accordance with this regulation for publication in the Gazette, is marketed in a third country for commercial purposes under a different name, the National Authorities shall include that name in the reference to the name of the variety on the National List.
(5) If the National Authorities are satisfied that the name by reference to which the variety was accepted on to a National List was not in accordance with the provisions of this regulation, the Secretary of State -
(6) The National Authorities shall not grant an application for a change to the name of a variety accepted on to a National List or a change to the name of a variety proposed in any application for acceptance of a variety on to a National List, unless they are satisfied that the proposed new name complies with the requirements of this regulation.
(7) The National Authorities shall inform the applicant of a decision made by them under this regulation relating to the application and of the reasons for it.
Maintainers of plant varieties
7.
- (1) The National Authorities shall not grant an application for the substitution or addition of a maintainer of a variety accepted on to a National List unless they are satisfied the applicant is able to maintain the variety in accordance with the characteristics to which regard was had when the variety was accepted on to the National List.
(2) For the purposes of a decision under paragraph (1) above the National Authorities shall have regard to -
(3) The National Authorities may make arrangements for such examinations of reproductive or other material of the variety and any of its components produced by the applicant as appear to them to be necessary to establish that the material conforms with the characteristics to which regard was had when the variety was accepted on to the National List.
(4) The applicant shall pay any fee prescribed for the purposes of this paragraph under regulation 10 in respect of the costs of any examinations carried out under arrangements made by the National Authorities for the purposes of paragraph (3) above.
(5) If an application for acceptance of a variety on to a National List has not yet been determined the National Authorities shall not accept a person proposed in the application as a maintainer of the variety, or grant an application in respect of that application for the substitution or addition of a person proposed as a maintainer, unless they are satisfied the person -
(6) The National Authorities shall inform the applicant of a decision made by them under this regulation relating to the application and of the reasons for it.
Official measures
8.
- (1) Official measures, particularly growing trials, on the results of which an acceptance of a variety on to a National List is based, shall cover a sufficient number of characteristics for the variety to be described; and the methods used for determining characteristics for this purpose shall be exact and reliable.
(2) For the purposes of establishing distinctness the growing trials shall include at least the available comparable varieties known in the Community.
(3) For the purpose of accepting a variety on to a National List under a name determined in accordance with regulation 6, the growing trials for distinctness shall also include other available comparable varieties not known in the Community.
Arrangements for official measures
9.
- (1) Subject to the following provisions of this regulation, the National Authorities may make arrangements, in such form as they are of the opinion may be necessary or desirable, for the purpose of enabling any person to act under their responsibility to carry out official measures.
(2) The National Authorities shall not make an arrangement under this regulation unless they are satisfied that it will make provision for the purpose of preventing the person with whom the arrangement is made, and any other person, from -
(3) An arrangement under this regulation may include such conditions as the National Authorities are of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2) above, including conditions -
(b) prohibiting the person with whom the arrangement is made from -
(c) prohibiting the person with whom the arrangement is made from making any further arrangement for any purpose in connection with the carrying out of any of the official measures he has arranged with the National Authorities to carry out, unless -
(4) The National Authorities shall not approve the making of a further arrangement by any person with whom they make an arrangement under this regulation unless they are satisfied that the person with whom the further arrangement is to be made -
(5) If it appears to the National Authorities that any person with whom an arrangement has been made under this regulation, or any person with whom a further arrangement has been made by any such person, has failed to comply or is failing to comply with any conditions of the arrangement or further arrangement, the National Authorities may, after giving notice to the person concerned, vary, suspend or revoke the arrangement or further arrangement; and a further arrangement may be varied, suspended or revoked under this paragraph notwithstanding that the arrangement in respect of which it was made is not also varied, suspended or revoked.
(6) The National Authorities may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, or a further arrangement or any of the conditions of a further arrangement under this regulation, by giving notice in writing to the person with whom the arrangement or further arrangement is made.
(7) A notice of a variation, suspension or revocation of an arrangement or further arrangement, or of a condition of an arrangement or further arrangement, shall specify -
and the variation, suspension or revocation shall have effect in accordance with the notice.
(8) When a variation, suspension or revocation has effect the National Authorities may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to them to be official measures carried out in accordance with the provisions of these Regulations.
Fees
10.
- (1) The National Authorities may charge any person, including any person with whom an arrangement or further arrangement has been made under regulation 9, reasonable fees in respect of costs the National Authorities reasonably incur in carrying out official measures for the purposes of these Regulations.
(2) The National Authorities may charge any person concerned in any matter connected with these Regulations reasonable fees in respect of costs the National Authorities or the Secretary of State reasonably incur in relation to the administration of that matter for the purposes of these Regulations, including -
(b) the examination or inspection of any documents, records or material under these Regulations. and
(c) the annual cost of keeping a variety accepted on a National List.
(3) A person with whom an arrangement or further arrangement has been made in accordance with regulation 9, may charge any person, including any other person with whom that or any other arrangement or further arrangement has been made under that regulation, reasonable fees in respect of costs reasonably incurred in carrying out official measures under the responsibility of the National Authorities in accordance with these Regulations.
(4) Where a person has been given reasonable notice -
the person given the notice shall pay as specified in the notice the amount of the fee
(5) A fee charged in accordance with this regulation in respect of which reasonable notice has been given in accordance with paragraph (4) above shall be recoverable as a debt from the person given the notice.
Marketing Prohibition Notices
11.
- (1) No person shall market any seeds of a plant variety of a species specified in Schedule 1 if a marketing prohibition notice has been published by the Secretary of State in the Gazette in relation to the variety.
(2) For the purposes of paragraph (1) above, a "marketing prohibition notice" -
(b) in relation to a plant variety not accepted on to a Common Catalogue, being a derogated species referred to in paragraph 2 of Part II of Schedule 1, means a notice specifying that marketing of the variety is prohibited on either of those grounds.
(3) If the Secretary of State has published a notice in the Gazette in respect of a variety -
(b) specifying a date after which marketing of the variety is prohibited,
no person shall market any seeds of the variety after that date.
(4) If the acceptance of a plant variety -
has been revoked or has expired, no person shall market any seeds of the variety unless a residual marketing period has been specified in a notice published by the Secretary of State in the Gazette in respect of seed of that variety and that period has not expired.
(5) No person shall market seed of a variety accepted on to a National List or a Common Catalogue except under the name in which the variety is accepted; and where the National Authorities adapt the name of a variety under regulation 6(5), and specify in a notice published in the Gazette in respect of the variety a period during which seed of the variety may be marketed under the name as it was referred to in the List before it was adapted, seed of the variety may be marketed during that period under the name as it was referred to in the List before it was adapted.
Maintenance of accepted plant varieties
12.
- (1) The maintainer of a plant variety on a National List, other than a B List vegetable variety widely known on 1 January 1973, shall maintain the variety according to accepted practices for maintaining the variety.
(2) The maintainer of a plant variety shall not maintain that variety except -
(3) The maintainer of a plant variety shall keep records of all the generations of the variety he maintains and shall on demand produce at his own expense such records for inspection by or on behalf of the National Authorities and shall also, if so required at any time, at his own expense deliver to the National Authorities samples of seed of that variety.
(4) The maintainer of a plant variety shall at all reasonable times give to an authorised officer such facilities for the inspection or examination of any -
as may in the opinion of the officer be necessary or desirable for the purposes of checking compliance with any of the provisions of this regulation.
(5) If, for the purposes of checking compliance with any of the provisions of this regulation, an authorised officer considers it is necessary or desirable to take a sample of any seed of a variety requiring to be maintained under these Regulations the officer may, at any premises, take a sample of the seed.
Duration of acceptance of plant varieties
13.
- (1) Subject to the following provisions of this regulation and regulation 14, the acceptance of a variety under regulation 5(3) or (5) is valid until the end of the tenth calendar year following acceptance.
(2) Provided the requirements of distinctness, uniformity and stability are still satisfied in respect of a variety the National Authorities may renew acceptance of the variety if they are satisfied that cultivation of the variety is on such a scale as to justify renewed acceptance.
(3) The National Authorities may determine an application for renewal of acceptance of a variety notwithstanding that any fee payable under regulation 10 in relation to the variety, whether in connection with that renewal or any other matter, has not been paid as so prescribed.
(4) An application for renewal of acceptance of a variety shall be made not later than two years before the date on which the acceptance is due to expire.
(5) Acceptance of a variety may be renewed more than once in accordance with this regulation.
(6) If an application for renewal of acceptance of a variety in accordance with this regulation has been made not later than two years before the date on which the acceptance is due to expire and the National Authorities have not determined the application before that date, the National Authorities may provisionally renew the acceptance for a reasonable period extending after that date to permit them to determine the application.
(7) The National Authorities shall inform the applicant of a determination made by them under this regulation relating to the application and of the reasons for the determination.
Revocation of acceptance of plant varieties and maintainers
14.
- (1) The National Authorities shall revoke acceptance of a variety if they are satisfied that -
(2) If after a variety is accepted on to a National List the National Authorities are satisfied that, at the time the variety was accepted, the variety was not distinct as specified in Schedule 2 they shall make such other determination as they consider to be in accordance with the Common Catalogue Directive or, in respect of a vegetable variety, the Vegetable Seed Marketing Directive; and this other determination may be a determination -
(3) If a determination is replaced by another determination under paragraph (2) above the variety replaced shall, with effect from the date of the determination replaced, no longer be regarded as a variety known in the Community within the meaning of article 5(1) of the Common Catalogue Directive or, in respect of a vegetable variety, the Vegetable Seed Marketing Directive.
(4) If, in relation to any variety accepted on to a National List, it appears to the National Authorities that -
the National Authorities may revoke the acceptance of the variety and, in respect of a failure by the maintainer of the variety to comply with a requirement of these Regulations in relation to maintenance of the variety, delete the reference to the name of that person as the maintainer of the variety.
(5) The National Authorities may revoke acceptance of a variety, whether or not they are satisfied of any of the matters in respect of the variety specified in paragraph (4) above, if they are satisfied that revocation is required by virtue of any provision of national law justified on grounds of the protection of health and life of humans, animals or plants.
(6) On being given notice by a maintainer that he intends to stop, or has stopped, maintaining the variety with effect from a date specified in the notice the National Authorities shall delete the reference to the name of that person as the maintainer of the variety with effect from that date.
(7) Where a notice is given under paragraph (6) above by the only maintainer of a variety the National Authorities shall not revoke the acceptance of the variety under paragraph (1)(b) above until -
(8) Where the National Authorities make a determination under this regulation in relation to a variety or a maintainer of a variety, they shall inform the maintainer, and any other person whose name is in the record of the variety kept by the Secretary of State under regulation 15 below, of the determination and of the reasons for it.
Records
15.
- (1) The Secretary of State shall keep a record of each application for acceptance of a variety on to a National List containing -
(2) Subject to paragraph (3) below, in respect of each variety accepted on to a National List the Secretary of State shall keep a record of -
(i) such other information as appears to the Secretary of State to be desirable.
(3) Where, for the purposes of a relevant decision under these Regulations in relation to a variety, examination of the components of the variety is necessary in order to study hybrids and synthetic varieties, the Secretary of State shall ensure, if the applicant concerned in respect of that determination so requests, that she excludes from the record kept in respect of the variety under paragraph (2) above and treats as confidential the results of the examination and the description of the components.
(4) The description in paragraph (2)(b) above shall be the description obtained in the course of the official examination of the variety for the purposes of determining whether it is distinct, stable and sufficiently uniform.
(5) Subject to paragraph (3) above, the Secretary of State shall disclose a record kept under this regulation on payment of any fee charged by the National Authorities under regulation 10 for the disclosure of the record.
Representations and hearings
16.
- (1) The National Authorities shall provide any person who would be affected by a proposed relevant decision an opportunity -
or to do both, subject to the payment of any fee in respect of such representations payable under the fees Regulations.
(2) The National Authorities may afford to any person entitled to make representations in accordance with paragraph (1) above in respect of a proposed relevant decision an opportunity to make representations to them about it on more than one occasion if in the circumstances it appears to them to be necessary or desirable to do so; and, on a second or subsequent such occasion, may afford to any such person the opportunity to do so without charging any fee.
(3) The National Authorities shall send to each person entitled to make written representations in accordance with paragraph (1) above of whom they are aware a copy of any representations so made.
(4) Where any person entitled to make oral representations in accordance with paragraph (1) above in respect of a proposed relevant decision makes a request to do so in accordance with that paragraph, or is afforded an opportunity to make oral representations in respect of it in accordance with paragraph (2) above, the National Authorities shall -
(b) appoint a person to conduct the hearing of the oral representations; and
(c) give not less than 14 days notice of the time and place appointed for the hearing to -
(5) Any person entitled to make oral representations at a hearing in accordance with this regulation shall, not later than 7 days before the day appointed for the hearing, deliver to the National Authorities two copies of any documents which the person proposes to rely upon; and the National Authorities shall deliver a copy of these documents to each of the other persons who appear to them to be concerned in the matter.
(6) The procedure in relation to the preparation for the hearing of oral representations in respect of a proposed relevant decision, and, subject to paragraph (7) below, the procedure at the hearing of them, including any adjournment or subsequent convening of the hearing, shall be as the person conducting the hearing directs having regard to the wishes of the persons affected by the proposed relevant decision who are entitled to make the oral representations in respect of it or who have been afforded an opportunity to make oral representations in respect of it in accordance with paragraph (2) above.
(7) A person who makes oral representations in accordance with this regulation may -
and may be represented for the purpose by a person of their choice.
(8) The National Authorities shall not take a relevant decision until they have considered any oral or written representations made to them in accordance with this regulation in respect of the proposal for it and any documents relied on and evidence adduced at the hearing of any oral representations.
(9) The National Authorities shall give to each person who has made oral or written representations in accordance with this regulation notice of their decision together with their reasons for it and shall inform them of the time and manner in which an appeal against the relevant decision may be brought to the Tribunal.
Appeals
17.
- (1) Any person affected by a relevant decision, except a decision in respect of the naming of a plant variety, may appeal against the relevant decision to the Tribunal.
(2) Schedule 3 to the Plant Varieties Act 1997 (which makes provision about the Tribunal) shall apply for the purposes of appeals under this regulation as it applies for the purposes of appeals in respect of which provision is made for the Tribunal to have jurisdiction in Regulations made under section 44 of that Act or in Rules under or having effect as if made under paragraph 13 of Schedule 3 to that Act.
(3) Where an appeal is made against a relevant decision, regulation 9 of the Plant Breeders' Rights Regulations 1998[34] shall apply in relation to the appeal as it applies for the purposes of appeals made under those Regulations with the modifications that -
(4) Where -
the Secretary of State shall publish a notice in the Gazette confirming the appeal has been successful and, accordingly, that the variety is still accepted on to the National List.
Obstruction
18.
- (1) No person shall -
(2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
19.
- (1) A person contravening or failing to comply with any provision of regulation 11 or 18 shall be guilty of an offence and shall be liable -
(2) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of -
(3) For the purposes of paragraph (1) above, "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(4) Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Offences due to fault of another person and defence of due diligence
20.
- (1) Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph of this regulation whether or not proceedings are taken against the first-mentioned person.
(2) In any proceedings for an offence under any of the provisions of these Regulations, it shall, subject to paragraph (3) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
(3) If in any case the defence provided by paragraph (2) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless -
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
(4) In paragraph (3) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.
Application of provisions of the Plant Varieties and Seeds Act 1964
21.
- (1) As respects Great Britain, the following provisions of the Plant Varieties and Seeds Act 1964 shall apply for the purposes of these Regulations as they apply for the purposes of seeds Regulations having effect under Part II of that Act and, unless the context otherwise requires, any reference in them to seeds Regulations or to that Part shall be construed as a reference to these Regulations and any reference to a person duly authorised by the Minister or to an authorised officer shall be taken to be references to an authorised officer within the meaning of these Regulations -
(2) As respects Northern Ireland, the following provisions of the Seeds Act (Northern Ireland) 1965[35] shall apply for the purposes of these Regulations as they apply for the purposes of seeds Regulations having effect under that Act and, unless the context otherwise requires, any reference in them to seeds Regulations or to that Act shall be construed as a reference to these Regulations -
Enforcement
22.
These Regulations shall be enforced -
Service of notices etc.
23.
- (1) Any notice or other document to be given or served on any person under or in relation to these Regulations may be given or served -
(2) Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of "owner", "proprietor", "operator" or "occupier" of the premises (naming them) and -
Revocations and savings and transitional provisions
24.
- (1) Subject to the savings and transitional provisions in the following provisions of this regulation -
(2) Any application -
shall be treated as an application referred to in paragraph (1) of regulation 4 of these Regulations and accordingly shall be subject to the remaining provisions of that regulation (in respect of anything needing to be done at the coming into force of these Regulations in relation to the application by or on behalf of the applicant) and shall be determined in accordance with these Regulations.
(3) Any entry of a variety in a National List -
and having effect at the coming into force of these Regulations, shall have effect as an acceptance of the variety on to that List in accordance with the provisions of these Regulations.
(4) Any test or trial being conducted at the coming into force of these Regulations for the purpose of regulation 11(1) of the 1982 Regulations shall have effect as if it were an official measure for the purposes of these Regulations.
(5) Any arrangement under regulation 11(1) of the 1982 Regulations having effect at the coming into force of these Regulations shall have effect as if it were an arrangement for an official measure entered into under regulation 9 of these Regulations.
(6) Any licence to conduct a trial referred to in regulation 11A(1) of the 1982 Regulations, issued under that regulation and having effect at the coming into force of these Regulations, shall have effect as if it were an arrangement for an official measure entered into under regulation 9 of these Regulations.
(7) Any provision of a contract, entered into by the Minister of Agriculture, Fisheries and Food in connection with a trial referred to in regulation 11A(1) of the 1982 Regulations and having effect at the coming into force of these Regulations, shall have effect as if it were a provision of an arrangement entered into under regulation 9 of these Regulations.
(8) For the purposes of these Regulations the tests and trials referred to in regulation 11AA of the 1982 Regulations (inserted by the Seeds (National Lists of Varieties) (Amendment) Regulations 1998) shall continue to be taken to be tests and trials required by those Regulations, as provided by that regulation 11AA, notwithstanding the failure of compliance referred to in that regulation.
(9) Any period specified in a notice published in the Gazette under paragraph (3) of regulation 16 of the 1982 Regulations, in respect of which a plant variety may be marketed in accordance with paragraphs (1) or (2) of that regulation, which has not expired at the coming into force of these Regulations, shall have effect for the residue of that period as if it were a residual marketing period specified in a notice published under regulation 11(4) of these Regulations.
(10) Any acceptance of a name of a variety under regulation 17 of the 1982 Regulations having effect at the coming into force of these Regulations, shall have effect as an acceptance of that name under regulation 6 of these Regulations.
(11) Any acceptance of a maintainer of a variety under regulation 18 of the 1982 Regulations having effect at the coming into force of these Regulations, shall have effect as an acceptance of that maintainer under regulation 7 of these Regulations.
(12) Any proposal for a decision referred to in paragraphs (1) or (2) of regulation 21 of the 1982 Regulations, in respect of which the decision has not been taken under those Regulations at the coming into force of these Regulations, shall have effect as a proposal for a relevant decision under these Regulations.
(13) Any oral or written representations made in accordance with Part III of the 1982 Regulations, in respect of a decision -
shall have effect as if they were oral or written representations made in accordance with regulation 16 of these Regulations.
(14) Any appeal referred to in regulation 30 of the 1982 Regulations which, at the coming into force of these Regulations, -
shall have effect respectively as an appeal which may be or has been made to the Tribunal under regulation 17 of these Regulations.
(15) Any fee payable under regulation 3 of the fees Regulations in respect of a matter mentioned in that regulation, arising under the 1982 Regulations but not paid at the coming into force of these Regulations, shall be treated as a fee charged under, and recoverable as a debt in accordance with, regulation 10 of these Regulations.
Amendments of Seeds Marketing Regulations
25.
- (1) The Seeds Marketing Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In relation to beet seeds -
(b) in the Beet Seeds Regulations (Northern Ireland) 1994 -
(3) In relation to cereal seeds -
(b) in the Cereal Seeds Regulations (Northern Ireland) 1994 -
(4) In relation to fodder plant seeds -
(b) in the Fodder Plant Seeds Regulations (Northern Ireland) 1994 -
(5) In relation to oil and fibre plant seeds -
(b) in the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 1994 -
(6) In relation to seed potatoes -
(7) In relation to vegetable seeds -
(b) in the Vegetable Seeds Regulations (Northern Ireland) 1994 -
Whitty
Parliamentary Under-Secretary, Department for Environment, Food and Rural Affairs
26th October 2001
Helen Liddell
Secretary of State for Scotland
29th October 2001
Signed on behalf of the National Assembly for Wales
D. Elis Thomas
The Presiding Officer
23rd October 2001
Name | Common Name |
Cereals | |
Avena sativa L. | Oats |
Hordeum vulgare L. | Barley |
Secale cereale L. | Rye |
x Triticosecale Wittm. | Triticale |
Triticum aestivum | Wheat |
L. emend. Fiori et Paol. | |
Triticum durum Desf. | Durum Wheat |
Triticum spelta L. | Spelt wheat |
Zea Mays L. (partim) | Maize (except popcorn and sweetcorn) |
Potatoes | |
Solanum tuberosum L., including any other tuber-forming species or hybrids of Solanum | Potatoes |
Beet | |
Beta vulgaris L. | Sugar beet, Fodder beet (including mangel) |
Fodder plants | |
(a) Grasses | |
Agrostis canina L. | Velvet bent |
Agrostis gigantea Roth | Red top |
Agrostis capillaris L. | Brown top |
Agrostis stolonifera L. | Creeping bent |
Arrhenatherum elatius (L.) P. Beauv. ex J.S. et K.B. Presl | Tall oatgrass |
Bromus catharticus Vahl. | Rescue grass |
Bromus sitchensis Trin. | Alaska brome-grass |
Dactylis glomerata L. | Cocksfoot |
Festuca arundinacea Schreber | Tall fescue |
Festuca ovina L. | Sheep's fescue, Fine-leaved Sheep's fescue and Hard fescue |
Festuca pratensis Hudson | Meadow fescue |
Festuca rubra L. | Red fescue, Chewings fescue |
Festuca pratensis Huds. x Lolium multiflorum Lam. | Festulolium |
Lolium multiflorum Lam. | Italian and Westerwolds ryegrass |
Lolium perenne L. | Perennial ryegrass |
Lolium x boucheanum Kunth | Hybrid ryegrass |
Phleum bertolonii DC. | Small Timothy |
Phleum pratense L. | Timothy |
Poa annua L. | Annual meadowgrass |
Poa nemoralis L. | Wood meadowgrass |
Poa pratensis L. | Smooth-stalked meadowgrass |
Poa trivialis L. | Rough-stalked meadowgrass |
(b) Legumes | |
Lotus corniculatus L. | Birdsfoot trefoil |
Lupinus albus L. | White lupin |
Lupinus angustifolius L. | Blue lupin |
Lupinus luteus L. | Yellow lupin |
Medicago lupulina L. | Black medick, Trefoil |
Medicago sativa L. | Lucerne |
Medicago x varia T. Martyn | Lucerne |
Onobrychis viciifolia Scop. | Sainfoin |
Pisum sativum L. (partim) | Field pea |
Trifolium hybridum L. | Alsike clover |
Trifolium pratense L. | Red clover |
Trifolium repens L. | White clover |
Vicia faba L. (partim) | Field bean |
Vicia pannonica Crantz | Hungarian vetch |
Vicia sativa L. | Common vetch |
Vicia villosa Roth | Hairy vetch |
(c) Other fodder plants | |
Brassica napus L. var. napobrassica (L.) Rchb. | Swede |
Brassica oleracea L. convar. acephala (DC.) Alef. var. Medullosa Thell. + var. viridis L. | Fodder kale |
Raphanus sativus L. var. oleiformis Pers. | Fodder radish |
Oleaginous and fibrous plants | |
Brassica juncea (L.) Czernj. et Cosson | Brown mustard |
Brassica napus (L.) (partim) | Swede rape (including fodder rape and oilseed rape) |
Brassica nigra (L.) Koch | Black Mustard |
Brassica rapa L. var. silvestris (Lam.) Briggs | Turnip rape |
Glycine max (L.) Merr. | Soya bean |
Helianthus annuus L. | Sunflower |
Linum usitatissimum L. | Flax, Linseed |
Sinapis alba L. | White mustard |
Name | Common Name |
Allium cepa L. | Onion |
Allium porrum L. | Leek |
Apium graveolens L. | Celery, Celeriac |
Beta vulgaris L. var. vulgaris | Spinach beet, Chard |
Beta vulgaris L. var. conditiva Alef. | Beetroot or Red beet |
Brassica oleracea L. convar. acephala (DC.) Alef. var. gongylodes | Kohlrabi |
Brassica oleracea L. convar. acephala (DC.) Alef. var. sabellica | Curly kale |
Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis L. | Cauliflower |
Brassica oleracea L. convar. botrytis (L.) Alef. var. cymosa Duch. | Sprouting broccoli or calabrese |
Brassica oleracea L. convar. capitata (L.) Alef. var. alba DC. | White cabbage |
Brassica oleracea L. convar. capitata (L.) Alef. var. rubra DC. | Red cabbage |
Brassica oleracea L. convar. capitata (L.) Alef. var. sabauda L. | Savoy cabbage |
Brassica oleracea L. convar. oleracea var. gemmifera DC. | Brussels sprouts |
Brassica pekinensis (Lour.) Rupr. | Chinese cabbage |
Brassica rapa L. var. rapa | Turnip |
Cichorium endivia L. | Endive |
Cucumis melo L. | Melon |
Cucumis sativus L. | Cucumber, Gherkin |
Cucurbita maxima Duchesne | Gourd |
Cucurbita pepo L. | Marrow |
Daucus carota L. | Carrot |
Lactuca sativa L. | Lettuce |
Lycopersicon lycopersicum (L.) Karsten ex Farw. | Tomato |
Petroselinum crispum (Miller) Nyman ex A W Hill | Parsley |
Phaseolus coccineus L. | Runner bean |
Phaseolus vulgaris L. | French bean |
Pisum sativum L. (partim) | Pea (excluding field pea) |
Raphanus sativus L. | Radish |
Spinacia oleracea L. | Spinach |
Vicia faba L. (partim) | Broad bean |
Name | Common Name |
None |
Name | Common Name |
Asparagus officinalis L. | Asparagus |
Cichorium intybus L. (partim) | Witloof chicory |
Cichorium intybus L. (partim) | Large leaved (Italian) chicory |
Name | Common Name |
Alopecurus pratensis L. | Meadow foxtail |
Arachis hypogaea L. | Groundnut (peanut) |
Cannabis sativa L. | Hemp |
Carthamus tinctorius L. | Safflower |
Carum carvi L. | Caraway |
Cynodon dactylon (L.) Pers. | Bermuda grass |
Gossypium spp. | Cotton |
Hedysarum coronarium L. | Sulla |
Oryza sativa L. | Rice |
Papaver somniferum L. | Opium poppy |
Phacelia tanacetifolia Benth. | California bluebell |
Phalaris aquatica L. | Harding grass, Phalaris |
Phalaris canariensis L. | Canary grass |
Poa palustris L. | Swamp meadowgrass |
Sorghum bicolor (L.) Moench | Sorghum |
Sorghum sudanense (Piper) Stapf | Sudan grass |
Sorghum bicolor (L.) Moench x Sorghum sudanense (Piper) Stapf | Hybrids resulting from the crossing of sorghum and Sudan grass |
Trisetum flavescens (L.) P. Beauv. | Golden oatgrass |
Trifolium alexandrinum L. | Berseem, Egyptian clover |
Trifolium incarnatum L. | Crimson clover |
Trifolium resupinatum L. | Persian clover |
Trigonella foenum-graecum L. | Fenugreek |
Name | Common Name |
Anthriscus cerefolium (L.) Hoffm. | Chervil |
Capsicum annuum L. | Chilli pepper or Capsicum |
Cichorium intybus L. (partim) | Industrial chicory |
Citrullus vulgaris (C. lanatus) | Water melon |
Cynara cardunculus L. | Cardoon |
Foeniculum vulgare Mill | Fennel |
Scorzonera hispanica L. | Scorzonera |
Solanum melongena L. | Aubergine or egg plant |
Valerianella locusta (L.) Betcke | Corn salad or lamb's lettuce |
[3] OJ No. L108, 5.5.2000, p. 3.back
[4] OJ No. L225, 12.10.1970, p. 1. (English Special Edition Supplement Series 1 (66-70) p. 36); as last amended by Council Directive 98/96/EC (OJ No. L25, 1.2.1999, p. 27).back
[5] S.I. 1994/676; amended by S.I. 1995/607, 1997/383, 1998/1022 and 1999/1090.back
[6] 1964 c. 14; see section 38(1) for a definition of "the Ministers". Under the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2(1) and Schedule 1, the functions of the Secretary of State transferred by the 1978 transfer order were transferred to the National Assembly for Wales. The functions of the Secretary of State for Scotland are, so far as they are exercisable within devolved competence, now exercisable by the Scottish Ministers by virtue of section 53(1) of the Scotland Act 1998 (c. 46).back
[7] OJ No. L117, 8.5.90, p. 15; as last amended by Commission Decision 98/294/EC, OJ No. L131, 5.5.98.back
[8] OJ No. 125, 11.7.66, p. 2297, OJ/SE 1965-66, p. 124.back
[9] OJ No. L25, 1.2.1999, p. 27.back
[10] OJ No. 125, 11.7.66, p. 2309, OJ/SE 1965-66, p. 143.back
[11] OJ No. L18, 23.1.1999, p. 1.back
[12] OJ No. 125, 11.7.66, p. 2298, OJ/SE 1965-66, p. 132.back
[13] OJ No. L169, 10.7.69, p. 3, OJ/SE 1969 (II), p. 315.back
[14] OJ No. 125, 11.7.66, p. 2302/66, OJ/SE 1965-66, p.154.back
[15] OJ No. L297, 18.11.99, p. 39.back
[16] OJ No. L225, 12.10.1970, p. 7, OJ/SE 1970 (III), p.674.back
[17] S.I. 1993/2006, as amended by S.I. 1997/616, S.I. 1999/1861 and, as respects England, S.I. 2000/1791; and, as respects Scotland, S.S.I. 2000/246.back
[18] S.R. 1994 No. 251 as amended by S.R. 1997 No. 240, S.R. 2000 No. 52 and S.R. 2001 No. 331.back
[19] S.I. 1993/2005, as amended by S.I. 1995/1482, S.I. 1997/616, S.I. 1999/1860 and, as respects England, S.I. 1999/2196 and S.I. 2000/1793; and, as respects Scotland, S.S.I. 2000/248.back
[20] S.R. 1994 No. 254, as amended by S.R. 1995 No. 366, S.R. 1997 No. 240, S.R. 2000 No. 53, S.R. 2000 No. 128 and S.R. 2001 No. 330.back
[21] S.I. 1993/2009, as amended by S.I. 1993/2529, S.I. 1996/1453, S.I. 1997/616, S.I. 1999/1864 and, as respects England, S.I. 2000/1792; and as respects Scotland, S.S.I. 2000/247.back
[22] S.R. 1994 No. 252, as amended by S.R. 1996 No. 311, S.R. 1997 No. 240, S.R. 2000 No. 54 and S.R. 2001 No. 329.back
[23] S.I. 1993/2007, as amended by S.I. 1994/1423, S.I. 1996/1451, S.I. 1997/616, S.I. 1999/1862 and, as respects England, S.I. 2000/1789; and, as respects Scotland, S.S.I. 2000/249.back
[24] S.R. 1994, No. 255, as amended by S.R. 1996 No. 312, S.R. 1997 No. 240, S.R. 2000 No. 55 and S.R. 2001 No. 328.back
[25] S.I. 1991/2206, as amended by S.I. 1992/1031, S.I. 1993/1878, S.I. 1994/2592, S.I. 1997/1474 and, as respects England, S.I. 2000/1788; and, as respects Scotland, S.S.I. 2000/201.back
[28] S.I. 1993/2008, as amended by S.I. 1996/1452 and 1997/616, S.I. 1999/1863 and, as respects England, S.I. 2000/1790; and, as respects Scotland, S.S.I. 2000/250.back
[29] S.R. 1994 No. 250, as amended by S.R. 1996 No. 313, S.R. 1997 No. 240, S.R. 2000 No. 56 and S.R. 2001 No. 327.back
[31] OJ No. L43, 14.2.1997, p. 1.back
[32] OJ No. L322, 25.11.97, p. 39.back
[33] OJ No. L322, 25.11.97, p. 39.back
[36] S.I. 1982/844; amended by S.I. 1985/1529, S.I. 1989/1314, S.I. 1990/1353, S.I. 1992/1615 and S.I. 1998/2726.back