Made | 23 January 2007 | ||
Coming into force | 31 January 2007 |
(3) For regulation 18 substitute the following regulation—
in accordance with Article 2(1) of the 2004 Commission Decision.
(2) No producer shall market test and trial seed—
(3) A producer of seed established in Wales may apply to the National Assembly for the grant or renewal of a regulation 18 authorisation.
(4) A regulation 18 authorisation granted by the National Assembly shall last for a period of one year or such shorter period as the National Assembly may specify.
(5) An application for authorisation or renewal of a regulation 18 authorisation shall be made in writing to the National Assembly and shall be accompanied by such information as the National Assembly may require.
(6) The National Assembly shall not grant a regulation 18 authorisation unless it is satisfied that—
(7) The National Assembly shall not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.
(8) A regulation 18 authorisation may impose such conditions as the National Assembly may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates.
(9) The National Assembly may withdraw a regulation 18 authorisation where there is a breach of any condition referred to in paragraph (8).
(10) A regulation 18 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.
(11) The National Assembly may require a producer to whom it has granted a regulation 18 authorisation to provide it with information about—
(12) A producer to whom a regulation 18 authorisation has been granted must, within such period as is specified by the National Assembly, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with it.".
(4) In regulation 20(1) and (6), for "regulation 5, 10 or 12", substitute "regulation 5, 10, 12 or 18".
(5) In regulation 21—
(b) in the case of a package of seed sealed in—
a package of seed that has been sealed in accordance with the provisions of Article 8 of the 2004 Commission Decision.".
(6) In regulation 22, after paragraph (4), insert—
(7) In regulation 23—
in accordance with the provisions of Article 9 of the 2004 Commission Decision.";
(d) in paragraph (11), for "or CS seed", substitute ", CS seed or test and trial seed"; and
(e) in paragraph (11)(b)(ii), for "or (7)" substitute ", (7) or (9A)".
(8) In Schedule 8, after Part IV insert—
17.
The label referred to in paragraph 16 must be coloured orange.
18.
The label referred to in paragraph 16 must be—
test and trial seed | Regulation 2(1)". |
Amendment of the Cereal Seed (Wales) Regulations 2005
3.
—(1) The Cereal Seed (Wales) Regulations 2005[5] are amended as follows.
(2) In regulation 2(1)—
(3) For regulation 20 substitute the following regulation—
in accordance with Article 2(1) of the 2004 Commission Decision.
(2) A producer cannot market test and trial seed—
(ii) for non-hybrid varieties of barley, durum wheat, oats, self-pollinating triticale, spelt wheat and wheat, the seed satisfies the conditions for C2 seed laid down in Schedule 3;
(c) unless a seed test report has been issued by the National Assembly or by a licensed seed testing station stating that—
(ii) for non-hybrid varieties of barley, durum wheat, oats, self-pollinating triticale, spelt wheat and wheat, the seed satisfies the conditions for C2 seed laid down in Schedule 4; or
(d) if such marketing would contravene a prohibition on the use of the variety published by the National Assembly in the gazette that complies with Article 14 of the 2004 Commission Decision.
(3) A producer of seed established in Wales may apply to the National Assembly for the grant or renewal of a regulation 20 authorisation.
(4) A regulation 20 authorisation granted by the National Assembly will last for a period of one year or such shorter period as the National Assembly may specify.
(5) An application for authorisation or renewal of a regulation 20 authorisation must be made in writing to the National Assembly and be accompanied by such information as the National Assembly may require.
(6) The National Assembly will not grant a regulation 20 authorisation unless it is satisfied that—
(7) The National Assembly will not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.
(8) A regulation 20 authorisation may impose such conditions as the National Assembly may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates.
(9) The Assembly may vary, suspend, revoke or add conditions to authorisations to which paragraph (1) applies by service of a notice on the producer.
(10) Where an authorisation to which paragraph (1) applies has been granted, the marketing by a producer of seed for test and trial purposes shall be in accordance with the conditions attached to that authorisation, whether granted by the Assembly or, subject to paragraph (9), any other competent seed certification authority in the United Kingdom or in another member State.
(11) The Assembly may revoke or suspend an authorisation that has effect in Wales by virtue of this regulation by service of a notice in writing on the producer concerned, and where such a notice has been served, marketing of seed for test and trial purposes may only be authorised subsequently by the National Assembly for Wales in accordance with this regulation.
(12) A regulation 20 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.
(13) The National Assembly may require a person to whom it has granted a regulation 20 authorisation to provide it with information about—
(14) A producer to whom a regulation 20 authorisation has been granted must, within such period as is specified by the National Assembly, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with it".
(4) In regulation 23(1) and (6) for "regulation 6, 11 or 13", substitute "regulation 6, 11, 13 or 20".
(5) In regulation 24—
(b) in paragraph (3), for "Paragraph (2)" substitute "Paragraph (2)(a), (b) and (c)"; and
(c) after paragraph (11), insert—
(b) in the case of a package of seed sealed in—
a package of seed that has been sealed in accordance with the provisions of Article 8 of the 2004 Commission Decision.".
(6) In regulation 25, after paragraph (4), insert—
(7) In regulation 26—
(b) in paragraph (4), after "A person may market any seed" insert ", other than test and trial seed,";
(c) after paragraph (13), insert—
in accordance with the provisions of Article 9 of the 2004 Commission Decision.";
(d) in paragraph (15), for "or C2 seed", substitute "C2 seed or test and trial seed"; and
(e) in paragraph (15)(b)(ii), for "or (10)" substitute ", (10) or (13A)".
(8) In Schedule 8, after Part VI insert—
33.
The label referred to in paragraph 32 must be coloured orange.
34.
The label referred to in paragraph 32 must be—
test and trial seed | Regulation 2(1)". |
Amendment of the Fodder Plant Seed (Wales) Regulations 2005
4.
—(1) The Fodder Plant Seed (Wales) Regulations 2005[6] are amended as follows.
(2) In regulation 2(1)—
(3) For regulation 20 substitute the following regulation—
in accordance with Article 2(1) of the 2004 Commission Decision.
(2) A producer will not market test and trial seed—
(ii) for plant species other than field bean and field pea, the seed satisfies the conditions for CS seed laid down in Schedule 3;
(c) unless a seed test report has been issued by the National Assembly or by a licensed seed testing station stating that—
(ii) for plant species other than field bean and field pea, the seed satisfies the conditions for CS seed laid down in Schedule 4; or
(d) if such marketing would contravene a prohibition on the use of the variety published by the National Assembly in the gazette that complies with Article 14 of the 2004 Commission Decision.
(3) A producer of seed established in Wales may apply to the National Assembly for the grant or renewal of a regulation 20 authorisation.
(4) A regulation 20 authorisation granted by the National Assembly will last for a period of one year or such shorter period as the National Assembly may specify.
(5) An application for authorisation or renewal of a regulation 20 authorisation must be made in writing to the National Assembly and must be accompanied by such information as the National Assembly may require.
(6) The National Assembly will not grant a regulation 20 authorisation unless it is satisfied that—
(7) The National Assembly will not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.
(8) A regulation 20 authorisation may impose such conditions as the National Assembly may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates.
(9) The Assembly may vary, suspend, revoke or add conditions to authorisations to which paragraph (1) applies by service of a notice on the producer.
(10) Where an authorisation to which paragraph (1) applies has been granted, the marketing by a producer of seed for test and trial purposes shall be in accordance with the conditions attached to that authorisation, whether granted by the Assembly or, subject to paragraph (9), any other competent seed certification authority in the United Kingdom or in another member State.
(11) The Assembly may revoke or suspend an authorisation that has effect in Wales by virtue of this regulation by service of a notice in writing on the producer concerned, and where such a notice has been served, marketing of seed for test and trial purposes may only be authorised subsequently by the National Assembly for Wales in accordance with this regulation.
(12) A regulation 20 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.
(13) The National Assembly may require a person to whom it has granted a regulation 20 authorisation to provide it with information about—
(14) A producer to whom a regulation 20 authorisation has been granted shall, within such period as is specified by the National Assembly, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with it.".
(4) In regulation 23(1) and (6) for "regulation 6, 11 or 13", substitute "regulation 6, 11, 13 or 20".
(5) In regulation 24—
(b) in paragraph (3), for "Paragraph (2)" substitute "Paragraph (2)(a), (b) and (c)"; and
(c) after paragraph (14), insert—
(b) in the case of a package of seed sealed in—
a package of seed that has been sealed in accordance with the provisions of Article 8 of the 2004 Commission Decision.".
(6) In regulation 25, after paragraph (4), insert—
(7) In regulation 26—
(b) in paragraph (4), after "A person may market any seeds" insert ", other than test and trial seed,";
(c) after paragraph (16), insert—
in accordance with the provisions of Article 9 of the 2004 Commission Decision.";
(d) in paragraph (18), for "or a mixture of seeds to which regulation 22(1) or (2) applies", substitute ", a mixture of seeds to which regulation 22(1) or (2) applies or test and trial seed"; and
(e) in paragraph (18)(b)(ii), for "or (13)" substitute ", (13) or (16A)".
(8) In Schedule 8, after Part VI insert—
43.
The label referred to in paragraph 42 must be coloured orange.
44.
The label referred to in paragraph 42 must be—
Amendment of the Oil and Fibre Plant Seed (Wales) Regulations 2004
5.
—(1) The Oil and Fibre Plant Seed (Wales) Regulations 2004[7] are amended as follows.
(2) In regulation 2(1)—
(3) For regulation 19 substitute the following regulation—
in accordance with Article 2(1) of the 2004 Commission Decision.
(2) No producer shall market test and trial seed—
(c) unless a seed test report has been issued by the National Assembly or by a licensed seed testing station stating that—
(d) if such marketing would contravene a prohibition on the use of the variety published by the National Assembly in the gazette that complies with Article 14 of the 2004 Commission Decision.
(3) A producer of seed established in Wales may apply to the National Assembly for the grant or renewal of a regulation 19 authorisation.
(4) A regulation 19 authorisation granted by the National Assembly will last for a period of one year or such shorter period as the National Assembly may specify.
(5) An application for authorisation or renewal of a regulation 19 authorisation must be made in writing to the National Assembly and must be accompanied by such information as the National Assembly may require.
(6) The National Assembly will not grant a regulation 19 authorisation unless it is satisfied that—
(7) The National Assembly will not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.
(8) A regulation 19 authorisation may impose such conditions as the National Assembly may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates.
(9) The National Assembly may withdraw a regulation 19 authorisation where there is a breach of any condition referred to in paragraph (8).
(10) A regulation 19 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.
(11) The National Assembly may require a person to whom it has granted a regulation 19 authorisation to provide it with information about—
(12) A producer to whom a regulation 19 authorisation has been granted must, within such period as is specified by the National Assembly, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with it.".
(4) In regulation 23(1) and (5) for "regulation 6, 11 or 13", substitute "regulation 6, 11, 13 or 19".
(5) In regulation 24—
(b) in paragraph (4), for "Paragraph (3)" substitute "Paragraph (3)(a), (b) and (c)"; and
(c) after paragraph (10), insert—
(b) in the case of a package of seed sealed in—
a package of seed that has been sealed in accordance with the provisions of Article 8 of the 2004 Commission Decision.".
(6) In regulation 25, after paragraph (4), insert—
(7) In regulation 26—
in accordance with the provisions of Article 9 of the 2004 Commission Decision."; and
(d) in paragraph (14), for "or a varietal association of seed", substitute ", a varietal association of seed or test and trial seed"; and
(e) in paragraph (14)(b)(ii), for "or (12)" substitute ", (12) or (12A)".
(8) In Schedule 8, after Part VII insert—
37.
The label referred to in paragraph 36 must be coloured orange.
38.
The label referred to in paragraph 36 must be—
Amendment of the Vegetable Seed (Wales) Regulations 2005
6.
—(1) The Vegetable Seed (Wales) Regulations 2005[8] are amended as follows.
(2) In regulation 2(1)—
(3) For regulation 19 substitute the following regulation—
in accordance with Article 20(1) of the 2004 Commission Decision.
(2) A breeder must not market market test seed—
(3) A breeder of seed established in Wales may apply to the National Assembly for the grant or renewal of a regulation 19 authorisation.
(4) A regulation 19 authorisation granted by the National Assembly—
(5) An application for authorisation or renewal of a regulation 19 authorisation shall be made in writing to the National Assembly and shall be accompanied by such information as the National Assembly may require.
(6) The National Assembly must not grant a regulation 19 authorisation unless it is satisfied that—
that has not been withdrawn or finally determined and for which any technical information that may be required in support of such an application has been submitted; and
(b) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety under either—
(7) A regulation 19 authorisation may impose such conditions as the National Assembly may think necessary or desirable having regard to the nature of the cultivation and the nature of the seed to which the authorisation relates.
(8) The National Assembly may withdraw a regulation 19 authorisation where there is a breach of any condition referred to in paragraph (7).
(9) A regulation 19 authorisation ceases to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.
(10) The National Assembly may require a person to whom it has granted a regulation 19 authorisation to provide it with information about—
(4) In regulation 22—
(5) In regulation 23—
(b) in paragraph (3), for "Paragraph (2)" substitute "Paragraph (2)(a), (b) and (c)"; and
(c) after paragraph (12), add—
(6) In regulation 25—
(b) in paragraph (3), after "A person may market any seeds" insert ", other than market test seed,";
(c) after paragraph (12), insert—
in accordance with the provisions of Article 28 of the 2004 Commission Decision.";
(d) in paragraph (14), for "or standard seed", substitute "standard seed or market test seed"; and
(e) in paragraph (14)(b)(ii), for "or (10)" substitute ", (10) or (12A)".
(7) After regulation 26, insert—
31.
The label or notice referred to in paragraph 30 must be coloured orange.
32.
The label or notice referred to in paragraph 30 must be an adhesive label.".
market test seed | Regulation 2(1)". |
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[9].
D. Elis-Thomas
The Presiding Officer of the National Assembly
23 January 2007
They give effect to Commission Decision 2004/842/EC of 1 December 2004 concerning implementing rules whereby member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted (OJ L 362, 9.12.2004, p 21), which sets out the conditions under which beet, cereal, fodder plant, oil and fibre plant and vegetable seed which have not yet been added to a National List may be marketed for test and trial purposes or, in the case of vegetable seed, for purposes of gaining knowledge from practical experience during cultivation.
A Regulatory Appraisal has been prepared. Copies may be obtained from the Food and Market Development Division of the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.
[2] S.I. 2005/3037 (W.225).back
[3] OJ L 362, 9.12.2004, p21.back
[4] S.I. 2001/3510 as amended by S.I. 2004/2949back
[5] S.I. 2005/3036 (W.224)back
[6] S.I. 2005/1207 (W.79).back
[7] S.I. 2004/2881 (W.251).back
[8] S.I. 2005/3035 (W.223).back
© Crown copyright 2007