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STATUTORY INSTRUMENTS


2007 No. 1871

AGRICULTURE

The Seeds (National Lists of Varieties) (Amendment) Regulations 2007

  Made 27th June 2007 
  Laid before Parliament 2nd July 2007 
  Laid before the National Assembly for Wales 2nd July 2007 
  Coming into force 27th July 2007 

The Secretary of State and the Welsh Ministers have been designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community.

     They make the following Regulations acting jointly (the Welsh Ministers acting in relation to Wales only) under the powers conferred by that section.

Title and commencement
     1. These Regulations may be cited as the Seeds (National Lists of Varieties) (Amendment) Regulations 2007 and come into force on 27th July 2007.

Amendment of the Seeds (National Lists of Varieties) Regulations 2001
    
2. —(1) The Seeds (National Lists of Varieties) Regulations 2001[3] are amended as follows.

    (2) In regulation 2(1) for the definition of "the Equivalence Decision" substitute the following definition—

      " "the Equivalence Decision" means Council Decision 2005/834/EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC[4];".

    (3) In regulation 11(2)(b) for "paragraph 2" substitute "paragraph 2 or 3".

    (4) For paragraph 2 of Part I of Schedule 1 substitute the following paragraph—

    " Vegetable varieties
         2. Plants conforming with the characteristics of cultivated plant varieties of the following species intended for agricultural or horticultural production but not for ornamental use:

    Name Common name
    Allium cepa L. (Cepa Group) Onion, Echalion
    Allium cepa L. (Aggregatum Group) Shallot
    Allium fistulosum L. Japanese bunching onion or Welsh onion
    Allium porrum L. Leek
    Allium sativum L. Garlic
    Allium schoenoprasum L. Chives
    Apium graveolens L. Celery, Celeriac
    Beta vulgaris L. Beetroot including Cheltenham beet, Spinach beet or Chard
    Brassica oleracea L. Curly kale, Cauliflower, Sprouting broccoli or Calabrese, Brussels sprouts, Savoy cabbage, White cabbage, Red cabbage, Kohlrabi
    Brassica rapa L. Chinese cabbage, Turnip
    Cichorium endivia L. Curled-leaved endive, Plain-leaved endive
    Cucumis melo L. Melon
    Cucumis sativus L. Cucumber, Gherkin
    Cucurbita maxima Duchesne Gourd
    Cucurbita pepo L. Marrow or Courgette
    Daucus carota L. Carrot, Fodder carrot
    Lactuca sativa L. Lettuce
    Lycopersicon esculentum Mill. Tomato
    Petroselinum crispum (Mill.) Nyman ex A.W.Hill Parsley
    Phaseolus coccineus L. Runner bean
    Phaseolus vulgaris L. Dwarf French bean, Climbing French bean
    Pisum sativum L. (partim) Wrinkled pea, Round pea, Sugar pea
    Raphanus sativus L. Radish, Black radish
    Rheum rhabarbarum L. Rhubarb
    Spinacia oleracea L. Spinach
    Vicia faba L. (partim) Broad bean
    Zea mays L. (partim) Sweet corn, Popcorn".


    (5) In paragraph 1 of Part II of Schedule 1 in the table of vegetable species omit "(partim)" both times.

    (6) In paragraph 2 of Part II of Schedule 1 in the table of vegetable species—

    (a) for the common name "Chilli pepper or Capsicum" substitute "Chilli or Pepper";

    (b) omit "(partim)" from the name "Cichorium intybus L. (partim)";

    (c) for the name "Citrullus vulgaris (C. lanatus)" substitute "Citrullus lanatus (Thunb.) Matsum. et Nakai";

    (d) for the common name "Cardoon" substitute "Cardoon, Globe artichoke";

    (e) for the common name "Scorzonera" substitute "Scorzonera or Black salsify"; and

    (f) for the name "Valerianella locusta (L.) Betcke" substitute "Valerianella locusta (L.) Laterr.".

    (7) After paragraph 2 of Part II of Schedule 1 insert the following paragraph—

    " Derogation in respect of marketing restrictions
        
    3. Other plants conforming with the characteristics of cultivated plant varieties of the following species intended for agricultural or horticultural production but not for ornamental use:


    Vegetable Species
    Name Common name
    Allium cepa L.

    —Aggregatum Group

    Shallot

    Allium fistulosum L. Japanese bunching onion or Welsh onion
    Allium sativum L. Garlic
    Allium schoenoprasum L. Chives
    Rheum rhabarbarum L. Rhubarb".



Jeff Rooker
Minister of State Department for Environment, Food and Rural Affairs

26th June 2007



Signed on behalf of the Welsh Ministers


Jane Davidson
Minister for Sustainability and Rural Development, one of the Welsh Ministers

27th June 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510) ("the 2001 Regulations").

These Regulations give effect to Council Decision 2005/834/EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC (OJ No L 312, 29.11.2005, p 51) (regulation 2(2)).

They amend the 2001 Regulations to give effect to Commission Directive 2006/124/EC amending Council Directive 2002/55/EC on the marketing of vegetable seed (OJ L 339, 6.12.2006, p 12). Commission Directive 2006/124/EC replaces the list of species of vegetable the seed of which are subject to control in relation to marketing. Several new species of vegetable are added to the list of species which may be accepted onto a national list, and the names and common names of several species in the 2001 Regulations are amended to reflect changes made by Commission Directive 2006/124/EC (regulation 2(4) to (6)).

They also give effect to Commission Decision 2007/321/EC (OJ L 119, 9.5.2007, p 48), which releases the United Kingdom from its obligation to apply some of the provisions of Directive 2002/55/EC relating to the restriction on marketing of seed of four species and one sub-species of vegetable (regulation 2(7)).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.


Notes:

[1] For the Secretary of State, see S.I. 1972/1811; for the Welsh Ministers, see S.I. 2005/2766 and section 162 of, and paragraphs 28(1) and 30(1) and (2)(b) of Schedule 11 to, the Government of Wales Act 2006 (c.32). The power of the Secretary of State, as a Minister designated by virtue of S.I. 1972/1811 in relation to the common agricultural policy of the European Community, to make regulations which extend to Scotland remains exercisable by virtue of section 57(1) of the Scotland Act 1998 (1998 c. 46). The Secretary of State's power, as a Minister so designated, to make regulations which extend to Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.back

[2] 1972 c. 68.back

[3] S.I. 2001/3510, as amended by S.I. 2004/2949, and to which there are amendments made in relation to Scotland which are not relevant.back

[4] OJ No L 312, 29.11.2005, p 51.back



ISBN 978 0 11 077723 8


 © Crown copyright 2007

Prepared 4 July 2007
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