The Seed Potatoes (Scotland) Regulations 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/395 |
(1) These Regulations may be cited as the Seed Potatoes (Scotland) Regulations 2015 and come into force on 1st January 2016.(2) These Regulations extend to Scotland only.(1) In these Regulations, unless the context otherwise requires—
- “the Act” means the Plant Varieties and Seeds Act 1964 ;
- “agricultural unit” has the meaning given to it by section 86(2) of the Agriculture (Scotland) Act 1948 ;
- “applicable Union grade”—
- (a) in relation to seed potatoes produced in Scotland, means the Union grade determined in respect of those seed potatoes under regulation 8(2) (a) or, as the case may be, under regulation 15(2) ; and
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(b) in relation to seed potatoes produced outside Scotland, means—
- (i) in the case of pre-basic seed potatoes, either Union grade PBTC or PB, the minimum conditions for which are set out in Articles 2 and 3 of, and the Annex to, Commission Implementing Directive 2014/21/EU; or
- (ii) in the case of basic seed potatoes, either Union grade S, SE or E, the minimum conditions for which are set out in Article 1 of and Annex I to, Commission Implementing Directive 2014/20/EU,
- “authorised officer” means an officer of the Scottish Ministers or a person authorised by the Scottish Ministers for the purposes of Part II of the Act;
- “basic seed potatoes”—
- (a) in relation to seed potatoes produced in Scotland, means seed potatoes which have satisfied the applicable conditions for the issue of an official label or an official document specified in regulation 10(3) , in respect of seed potatoes intended to be marketed as basic seed potatoes; and
- (b) in relation to seed potatoes produced outside Scotland, means seed potatoes, being a lot or part of a lot in a package or container to, or in, which a label or document approved by the relevant authority has been attached or placed in accordance with Article 13(1) of CouncilDirective 2002/56/EC, stating that on examination of the potatoes they were certified as basic seed potatoes and that they have fulfilled the conditions of an applicable Union grade;
- “CommissionDecision 2004/842/EC” means CommissionDecision 2004/842/EC 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 F25, as last amended by Commission Implementing Decision (EU) 2016/320;
- “Commission Implementing Directive 2014/20/EU” means Commission Implementing Directive 2014/20/EU determining Union grades of basic and certified seed potatoes, and the conditions and designations applicable to such grades ;
- “Commission Implementing Directive 2014/21/EU” means Commission Implementing Directive 2014/21/EU determining minimum conditions and Union grades for pre-basic seed potatoes ;
- “Common Catalogue” means the catalogue provided for in CouncilDirective 2002/53/EC on the common catalogue of varieties of agricultural plant species ;
- “conservation variety” has the meaning given to it by regulation 2(1) of the National Lists Regulations;
- “container” includes a chitting tray, box or crate;
- F22“Council Directive 2002/56/EC” means Council Directive 2002/56/EC on the marketing of seed potatoes;
- “crop inspection report” means the crop inspection report issued in accordance with regulation 8 and Schedules 1 and 2;
- “declared net weight” means the net weight of seed potatoes contained in a package or container, as declared by the person applying for an official label or official document under regulation 10;
- “Directive 2001/18/EC” meansDirective 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing CouncilDirective 90/220/EEC;
- F29“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;
- “field generation” means the number of growing cycles since the first introduction of the seed potatoes in the field after micro-propagation or selection;
- “genetically modified” means a genetically modified organism as defined in Article 2(2) ofDirective 2001/18/EC;
- “grade” includes the applicable Union grade;
- “higher grade” means any grade above the grade determined in respect of the seed potatoes by or on behalf of the relevant authority, according to the hierarchy of grades used by that authority;
- “lot” means an identifiable part of a consignment which is recorded and listed as a separate item in an invoice, delivery note or other document provided in accordance with regulation 12;
- “lower grade” means any grade below the grade determined in respect of the seed potatoes by or on behalf of the relevant authority, according to the hierarchy of grades used by that authority;
- “marketing” means—
- (a) selling, holding with a view to sale or offering for sale; and
- (b) any disposal, supply or transfer to third parties for the purpose of commercial exploitation of...
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