Seeds (National Lists of Varieties) Regulations 2001

JurisdictionUK Non-devolved
CitationSI 2001/3510
  • These Regulations may be cited as the Seeds (National Lists of Varieties) Regulations 2001 and shall come into force on 1st December 2001.
  • (1) In these Regulations, unless the context otherwise requires—
    • F1“the 1990 Directive” means Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms, as amended by Commission Directive 94/15/EC and Commission Directive 97/35/EC;
    • “authorised officer” means an officer authorised for the purposes of these Regulations by the Secretary of State, the National Assembly for Wales, the Scottish Ministers or the Department of Agriculture and Rural Development;
    • “a B List vegetable variety” means a variety whose seed may not be controlled except as standard seed;
    • “certified”, in relation to seed, has the same meaning as in the Seeds Marketing Regulations and “certification” shall be construed accordingly;
    • F47“the Commission Regulation” means Commission Regulation (EC) No 637/2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species, as amended from time to time;
    • “a Common Catalogue” means, as the case may be, either the Common Catalogue of varieties of species of agricultural plants or the Common Catalogue of varieties of species of vegetables, both published in the Official Journal of the European Communities;
    • F2“the Common Catalogue Directive” means Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species, as amended by the Food and Feed Regulation;
    • F48“conservation variety” means a landrace or plant variety of a species specified in Part I of Schedule 1 that is naturally adapted to the local and regional conditions (or, in the case of a vegetable variety, that has been traditionally grown in particular localities and regions) and is threatened by genetic erosion, and for these purposes—
      • (a) “landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and
      • (b) “genetic erosion” means loss of genetic diversity between and within populations or varieties of the same species over time, or reduction of the genetic basis of a species due to human intervention or environmental change;
    • F3“the Deliberate Release Directive” means Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms, as amended by Commission Decision 2002/623/EC, Council Decision 2002/811/EC, the Food and Feed Regulation and Council Regulation (EC) No 1830/2003;
    • “Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;
    • “derogated species” means a species of plant specified in Part II of Schedule 1;
    • F21“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;
    • “the fees Regulations” means the Seeds (National Lists of Varieties) (Fees) Regulations 1994;
    • F4“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003 on genetically modified food and feed;
    • the Gazette” means the Plant Varieties and Seeds Gazette published in accordance with section 34(1) of the Plant Varieties and Seeds Act 1964;
    • F5“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;
    • “maintainer”, in respect of a plant variety, means a person named in or ascertainable by reference to a National List as responsible for maintaining a variety in accordance with the characteristics to which regard was had when that variety was accepted on a National List; and “maintenance” shall be construed accordingly;
    • “name”, in respect of a plant variety, includes denomination;
    • “the National Authorities” means the Secretary of State, the National Assembly for Wales, the Scottish Ministers and the Department of Agriculture and Rural Development, acting jointly;
    • “the National Lists” means the lists of varieties of species of agricultural plants and varieties of species of vegetables, prepared and published in accordance with regulation 3 of these Regulations;
    • F6“the Novel Foods Regulation” means Council Regulation (EC) No 258/97 concerning novel foods and food ingredients, as amended by the Food and Feed Regulation and Council Regulation (EC) No 1882/2003;
    • “official measures” includes official examinations, growing trials, tests and assessments;
    • “person affected”, in respect of a proposed relevant decision or a relevant decision, means—
      • (a) any person to whom the National Authorities have given notice of the proposed relevant decision or the relevant decision;
      • (b) any person appearing to the National Authorities to have a sufficient interest in the matter to which the decision relates; and
      • (c) any person or organisation appearing to them to be representative of a class of persons likely to be affected by the decision;
    • F30“region of origin” means the region identified by the National Authorities when a conservation variety is accepted on to a National List as being the region in which the variety has historically been grown and to which it is naturally developed;
    • “relevant decision” means a decision of the National Authorities
      • (a) under regulation 5 to accept or refuse to accept a plant variety on to a National List;
      • (b) that they are satisfied a plant variety has a name suitable, in accordance with regulation 6, for publication in the Gazette;
      • (c) to accept, or refuse to accept, an application under regulation 7;
      • (d) to renew or not to renew the acceptance of a variety under regulation 13; or
      • (e) to revoke the acceptance of a variety under regulation 14, replace the original acceptance of a variety under that regulation or delete the name of a person as the maintainer of a variety under regulation 14(4) (e) ;
    • F7“the relevant legislation” means—
      • (a) in respect of a genetically modified variety any material derived from which is intended to be used as food or a food ingredient within the meaning of article 2 of Council Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and falling within the scope of article 3 of the Food and Feed Regulation—
        • (i) in relation to material authorised prior to 18 April 2004—
          • (aa) the 1990 Directive; or
          • (bb) the Deliberate Release Directive,
          and the Novel Foods Regulation; and
        • (ii) in relation to material authorised after 18 April 2004, the Food and Feed Regulation;
      • (b) in respect of a genetically modified variety any material derived from which is intended to be used as feed or a feed ingredient within the meaning of article 3 of Council Regulation (EC) No 178/2002 and falling within the scope of article 15 of the Food and Feed Regulation —
        • (i) in relation to material authorised prior to 18 April 2004—
          • (aa) the 1990 Directive; or
          • (bb) the Deliberate Release Directive; and
        • (...

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