Seed (Conservation Varieties Amendments) (Wales) Regulations 2009 (S.I. No. 1356 (W. 131) of 2009)

W E L S H S TAT U T O RY I N S T R U M E N T S 2009 No. 1356 (W.131) SEEDS, WALES The Seed (Conservation Varieties Amendments) (Wales) Regulations 2009 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend four sets of principal Regulations to implement, in relation to Wales, Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties, in so far as it relates to seed production and marketing (OJ No L 162, 21.6.08, p 13). The four sets of principal Regulations conferred functions upon the National Assembly for Wales. These functions have since been transferred to the Welsh Ministers. The four sets of principal Regulations were also previously amended by the Seed (Wales) (Amendments for Tests and Trials etc) Regulations 2007, S.I. 2007/119 (W. 9) and the Seed (Miscellaneous Amendments) (Wales) Regulations 2007, S.I. 2007/2747 (W. 230). Part 2 of this S.I. amends the Beet Seed (Wales) Regulations 2005, S.I. 2005/3037 (W. 225). Regulation 5 inserts a new provision to allow the marketing of seed of a conservation variety ("conservation variety" is defined in regulation 4), and regulations 6 to 9 make consequential amendments to provisions dealing with sampling, packaging and labelling. Similar amendments are made in Part 3 to the Fodder Plant Seed (Wales) Regulations 2005, S.I. 2005/1207 (W. 79); in Part 4 to the Cereal Seed (Wales) O F F E RY N N A U S TAT U D O L C Y M R U 2009 Rhif 1356 (Cy.131) HADAU, CYMRU Rheoliadau Hadau (Diwygiadau Amrywogaethau Cadwraeth) (Cymru) 2009 NODYN ESBONIADOL (Nid yw'r nodyn hwn yn rhan o'r Rheoliadau) Mae'r Rheoliadau hyn yn diwygio pedair set o brif Reoliadau er mwyn gweithredu, o ran Cymru, Gyfarwyddeb y Comisiwn 2008/62/EC sy'n darparu ar gyfer rhai rhanddirymiadau at ddibenion derbyn amrywogaethau brodorol amaethyddol ac amrywogaethau amaethyddol sydd wedi ymaddasu'n naturiol i'r amodau lleol a rhanbarthol ac sy'n cael eu bygwth gan erydiad genynnol, ac at ddibenion marchnata hadau a thatws had o'r amrywogaethau brodorol ac amrywogaethau hynny, i'r graddau y mae'r Gyfarwyddeb yn ymwneud â chynhyrchu a marchnata hadau (OJ Rhif L 162, 21.6.08, t.13). Rhoddodd y pedair set o brif Reoliadau swyddogaethau i Gynulliad Cenedlaethol Cymru. Ers hynny mae'r swyddogaethau hyn wedi eu trosglwyddo i Weinidogion Cymru. Cafodd y pedair set o brif Reoliadau eu diwygio'n flaenorol hefyd gan Reoliadau Hadau (Cymru) (Diwygiadau ar gyfer Cynnal Profion a Threialu etc.) 2007, O.S. 2007/119 (Cy. 9), a Rheoliadau Hadau (Diwygiadau Amrywiol) (Cymru) 2007, O.S. 2007/2747 (Cy. 230). Mae Rhan 2 o'r O.S. hwn yn diwygio Rheoliadau Hadau Betys (Cymru) 2005, O.S. 2005/3037 (W. 225). Mae rheoliad 5 yn mewnosod darpariaeth newydd i ganiatáu marchnata hadau o amrywogaeth gadwraeth (mae "amrywogaeth gadwraeth" yn cael ei diffinio yn rheoliad 4), ac mae rheoliadau 6 i 9 yn gwneud diwygiadau canlyniadol i ddarpariaethau sy'n ymwneud â samplu, pecynnu a labelu. Gwneir diwygiadau cyffelyb yn Rhan 3 i Reoliadau Hadau Planhigion Porthiant (Cymru) 2005, O.S. 2005/1207 (W. 79); yn Rhan 4, i Reoliadau Hadau Ŷd (Cymru) 2005, O.S. 2005/3036 (W. 224); ac yn Rhan 5, i Reoliadau Hadau Planhigion Olew a Ffibr (Cymru) 2004, O.S. 2004/2881 (W. 251). Mae asesiad effaith reoleiddiol wedi ei baratoi ar gyfer yr offeryn hwn. Mae copïau ar gael gan Lywodraeth Cynulliad Cymru, Parc Cathays, Caerdydd CF10 3NQ. Regulations 2005, S.I. 2005/3036 (W. 224); and in Part 5 to the Oil and Fibre Plant Seed (Wales) Regulations 2004, S.I. 2004/2881 (W. 251). A regulatory impact assessment has been prepared for this instrument. Copies can be obtained from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ. 2 O F F E RY N N A U S TAT U D O L C Y M R U 2009 Rhif 1356 (Cy.131) HADAU, CYMRU Rheoliadau Hadau (Diwygiadau Amrywogaethau Cadwraeth) (Cymru) 2009 Gwnaed 3 Mehefin 2009 Gosodwyd gerbron Cynulliad Cenedlaethol Cymru 5 Mehefin 2009 Yn dod i rym 30 Mehefin 2009 Mae Gweinidogion Cymru, y breinir y pwerau a roddwyd gan adrannau 16(1) i (5A) a 36 o Ddeddf Amrywogaethau a Hadau Planhigion 1964(1) ynddynt yn awr(2), yn gwneud y Rheoliadau hyn drwy arfer y pwerau hynny. Mae Gweinidogion Cymru wedi cynnal ymgynghoriad yn unol ag adran 16(1) o'r Ddeddf honno. RHAN 1 Cyflwyniad a diwygiadau Enwi, cychwyn a chymhwyso 1.—(1) Enw'r Rheoliadau hyn yw Rheoliadau Hadau (Diwygiadau Amrywogaethau Cadwraeth) (Cymru) 2009. W E L S H S TAT U T O RY I N S T R U M E N T S 2009 No. 1356 (W.131) SEEDS, WALES The Seed (Conservation Varieties Amendments) (Wales) Regulations 2009 Made 3 June 2009 Laid before the National Assembly for Wales 5 June 2009 Coming into force 30 June 2009 The Welsh Ministers, in whom the powers conferred by sections 16(1) to (5A) and 36 of the Plant Varieties and Seeds Act 1964(1) are now vested(2), make these Regulations in exercise of those powers. The Welsh Ministers have carried out a consultation in accordance with section 16(1) of that Act. PART 1 Introduction and amendments Title, commencement and application 1.—(1) The title of these Regulations is the Seed (Conservation Varieties Amendments) (Wales) Regulations 2009. (1) 1964 c. 14. Section 16 has been amended by the European Communities Act 1972 (c. 68), section 4 and Schedule 4, paragraph 5; S.I. 1977/1112, and the Agriculture Act 1986 (c. 49), section 2. (2) See section 38(1) for the definition of "the Minister". Under the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272) the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1967 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) the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales. These functions were transferred from the National Assembly for Wales to the Welsh Ministers under the Government of Wales Act 2006 (c. 32). 3 (1) 1964 p. 14. Mae adran 16 wedi ei diwygio gan Ddeddf y Cymunedau Ewropeaidd 1972 (p. 68), adran 4 ac Atodlen 4, paragraff 5; gan O.S. 1977/1112, a chan Ddeddf Amaeth 1986 (p. 49), adran 2. (2) Gweler adran 38(1) am ddiffiniad o'r term "y Gweinidog". O dan Orchymyn Trosglwyddo Swyddogaethau (Cymru) (Rhif 1) 1978 (O.S. 1978/272), cafodd swyddogaethau'r Gweinidog Amaeth, Pysgodfeydd a Bwyd o dan Ddeddf Amrywogaethau a Hadau Planhigion 1967, i'r graddau yr ydynt yn arferadwy o ran Cymru, eu trosglwyddo i'r Ysgrifennydd Gwladol; ac o dan Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 1999 (O.S. 1999/672), cafodd y swyddogaethau a drosglwyddwyd i'r Ysgrifennydd Gwladol gan Orchymyn 1978 eu trosglwyddo i Gynulliad Cenedlaethol Cymru. Cafodd y swyddogaethau hyn eu trosglwyddo o Gynulliad Cenedlaethol Cymru i Weinidogion Cymru o dan Ddeddf Llywodraeth Cymru 2006 (p. 32). (2) Daw'r Rheoliadau hyn i rym ar 30 Mehefin 2009, ac maent yn gymwys o ran Cymru. Diwygiadau a wneir gan y Rheoliadau hyn 2. Mae'r Rheoliadau hyn yn diwygio— (a) Rheoliadau Hadau Betys (Cymru) 2005(1) yn unol â Rhan 2; (b) Rheoliadau Hadau Planhigion Porthiant (Cymru) 2005(2) yn unol â Rhan 3; (c) Rheoliadau Hadau Ŷd (Cymru) 2005(3) yn unol â Rhan 4; ac (ch) Rheoliadau Hadau Planhigion Olew a Ffibr (Cymru) 2004(4) yn unol â Rhan 5. RHAN 2 Diwygiadau i Reoliadau Hadau Betys (Cymru) 2005 Diwygio 3. Diwygier Rheoliadau Hadau Betys (Cymru) 2005 fel a ganlyn. Rheoliad 2 (dehongliad cyffredinol) 4. Yn rheoliad 2(1)— (a) ar ôl y diffiniad o "breeder's seed", mewnosoder— ""Commission Directive 2008/62" means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties(5);"; (b) ar ôl y diffiniad o "component", mewnosoder— ""conservation variety" means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001(6);". (2) These Regulations come into force on 30 June 2009, and they apply in relation to Wales. Amendments made by these Regulations 2. These Regulations amend— (a) the Beet Seed (Wales) Regulations 2005(1) in accordance with Part 2; (b) the Fodder Plant Seed (Wales) Regulations 2005(2) in accordance with Part 3; (c) the Cereal Seed (Wales) Regulations 2005(3) in accordance with Part 4; and (d) the Oil and Fibre Plant Seed (Wales) Regulations 2004(4) in accordance with Part 5. PART 2 Amendments to the Beet Seed (Wales) Regulations 2005 Amendment 3. The Beet Seed (Wales) Regulations 2005 are amended as follows. Regulation 2 (general interpretation) 4. In regulation 2(1)— (a) after the definition of "breeder's seed", insert— ""Commission Directive 2008/62" means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties(5);"; (b) after the definition of "component", insert— ""conservation variety" means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001(6);". (1) O.S. 2005/3037 (W. 225), a ddiwygiwyd gan O.S. 2007/119 (Cy. 9) a 2007/2747 (Cy. 230). (2) O.S. 2005/1207 (W. 79), a ddiwygiwyd gan O.S. 2007/119 (Cy. 9) a 2007/2747 (Cy. 230). (3) O.S. 2005/3036 (W. 224), a ddiwygiwyd gan O.S. 2007/119 (Cy. 9) a 2007/2747 (Cy. 230). (4) O.S. 2004/2881 (W. 251), a ddiwygiwyd gan O.S. 2007/119 (Cy. 9) a 2007/2747 (Cy. 230). (5) OJ Rhif L 162, 21.6.08, t. 13. (6) O.S. 2001/3510; mae O.S. 2004/2949, 2007/1871 a [to be inserted ref to new NL amendment] yn ddiwygiadau perthnasol. (1) S.I. 2005/3037 (W. 225), amended by S.I. 2007/119 (W. 9) and 2007/2747 (W. 230). (2) S.I. 2005/1207 (W. 79), amended by S.I. 2007/119 (W. 9) and 2007/2747 (W. 230). (3) S.I. 2005/3036 (W. 224), amended by S.I. 2007/119 (W. 9) and 2007/2747 (W. 230). (4) S.I. 2004/2881 (W. 251), amended by S.I. 2007/119 (W. 9) and 2007/2747 (W. 230). (5) OJ No L 162, 21.6.08, p. 13. (6) S.I. 2001/3510; relevant amendments are S.I. 2004/2949, 2007/1871 and [to be inserted - ref to new NL amendment]. 4 Mewnosod rheoliad 18A newydd 5. Ar ôl rheoliad 18, mewnosoder— "Exception for conservation varieties 18A.—(1) The prohibition in regulation 14(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met. (2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety. (3) The seed must have been harvested from a crop that— (a) has been produced in the region of origin for the variety, and (b) satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (4) The seed must satisfy the conditions laid down in Parts II, III and IV of Schedule 4 for CS seed for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (5) The seed may only be marketed in its region of origin. (6) A person proposing to produce seed of a conservation variety must supply the Welsh Ministers, in such manner and form as the Welsh Ministers require, with details in writing of the size and location of the area to be used to produce that seed. (7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62 (quantitative restrictions), the Welsh Ministers may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified. (8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person. (9) Any person marketing seed of a conservation variety must supply the Welsh Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each production season. (10) In this regulation— (a) "official examination or examination under official supervision" means an official UK field inspection, a UK field inspection carried out under official Insertion of new regulation 18A 5. After regulation 18, insert— "Exception for conservation varieties 18A.—(1) The prohibition in regulation 14(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met. (2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety. (3) The seed must have been harvested from a crop that— (a) has been produced in the region of origin for the variety, and (b) satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (4) The seed must satisfy the conditions laid down in Parts II, III and IV of Schedule 4 for CS seed for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (5) The seed may only be marketed in its region of origin. (6) A person proposing to produce seed of a conservation variety must supply the Welsh Ministers, in such manner and form as the Welsh Ministers require, with details in writing of the size and location of the area to be used to produce that seed. (7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62 (quantitative restrictions), the Welsh Ministers may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified. (8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person. (9) Any person marketing seed of a conservation variety must supply the Welsh Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each production season. (10) In this regulation— (a) "official examination or examination under official supervision" means an official UK field inspection, a UK field inspection carried out under official 5 supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory; (b) "region of origin" has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Welsh Ministers for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.". Rheoliad 20 (samplu) 6. Ar ôl rheoliad 20(1), mewnosoder— "(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.". Rheoliad 21 (pecynnu) 7.—(1) Diwygier rheoliad 21 fel a ganlyn. (2) Ym mharagraff (2), yn lle "breeder's seed or officially certified pre-basic, basic, CS or test and trial seed", rhodder "breeder's seed, officially certified pre basic, basic or CS seed, test and trial seed or seed of a conservation variety". (3) Ym mharagraff (4), ar ôl "breeder's seed", mewnosoder "and seed of a conservation variety". Rheoliad 23 (labelu pecynnau) 8.—(1) Diwygier rheoliad 23 fel a ganlyn. (2) Ym mharagraff (1), yn lle "breeder's seed or officially certified pre-basic, basic, CS seed or test and trial seed", rhodder "breeder's seed, officially certified pre-basic, basic or CS seed, test and trial seed or seed of a conservation variety". (3) Ym mharagraff (3), ar ôl "test and trial seed", mewnosoder "or seed of a conservation variety". (4) Ar ôl paragraff (9A), mewnosoder— "(9B) A package of seed of a conservation variety must be labelled— (a) in the case of a package of seed sealed in Wales, in accordance with paragraph 19 of Schedule 8; and (b) in the case of a package of seed sealed— (i) in the United Kingdom, elsewhere than in Wales, or (ii) in another member State, in accordance with the provisions of Article 18 of Commission Directive 2008/62.". supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory; (b) "region of origin" has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Welsh Ministers for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.". Regulation 20 (sampling) 6. After regulation 20(1), insert— "(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.". Regulation 21 (packaging) 7.—(1) Regulation 21 is amended as follows. (2) In paragraph (2), for "breeder's seed or officially certified pre-basic, basic, CS or test and trial seed", substitute "breeder's seed, officially certified pre-basic, basic or CS seed, test and trial seed or seed of a conservation variety". (3) In paragraph (4), after "breeder's seed", insert "and seed of a conservation variety". Regulation 23 (labelling of packages) 8.—(1) Regulation 23 is amended as follows. (2) In paragraph (1), for "breeder's seed or officially certified pre-basic, basic, CS seed or test and trial seed", substitute "breeder's seed, officially certified pre-basic, basic or CS seed, test and trial seed or seed of a conservation variety". (3) In paragraph (3), after "test and trial seed", insert "or seed of a conservation variety". (4) After paragraph (9A), insert— "(9B) A package of seed of a conservation variety must be labelled— (a) in the case of a package of seed sealed in Wales, in accordance with paragraph 19 of Schedule 8; and (b) in the case of a package of seed sealed— (i) in the United Kingdom, elsewhere than in Wales, or (ii) in another member State, in accordance with the provisions of Article 18 of Commission Directive 2008/62.". 6 Atodlen 8 (labelu) 9. Ar ôl paragraff 18 o Atodlen 8, mewnosoder— "Part VI Labelling of Packages of Seed of a Conservation Variety Supplier's label or notice for a package of seed of a conservation variety 19.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier's label, or a printed or stamped notice, containing the following particulars— (a) the words "EC rules and standards"; (b) the name and address, or the registration number, of the person responsible for affixing the label or notice; (c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word "sealed" or "sampled" (as the case may be), followed by the year in question; (d) the species; (e) the denomination of the conservation variety; (f) the words "conservation variety"; (g) the region of origin; (h) where the region of seed production is different from the region of origin, the indication of the region of seed production; (i) the reference number of the lot given by the person responsible for affixing the label; (j) the declared net or gross weight or declared number of seeds; and (k) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight. (2) The label or notice must be coloured brown.". RHAN 3 Diwygiadau i Reoliadau Hadau Planhigion Porthiant (Cymru) 2005 Diwygio 10. Diwygier Rheoliadau Hadau Planhigion Schedule 8 (labelling) 9. After paragraph 18 of Schedule 8, insert— "Part VI Labelling of Packages of Seed of a Conservation Variety Supplier's label or notice for a package of seed of a conservation variety 19.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier's label, or a printed or stamped notice, containing the following particulars— (a) the words "EC rules and standards"; (b) the name and address, or the registration number, of the person responsible for affixing the label or notice; (c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word "sealed" or "sampled" (as the case may be), followed by the year in question; (d) the species; (e) the denomination of the conservation variety; (f) the words "conservation variety"; (g) the region of origin; (h) where the region of seed production is different from the region of origin, the indication of the region of seed production; (i) the reference number of the lot given by the person responsible for affixing the label; (j) the declared net or gross weight or declared number of seeds; and (k) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight. (2) The label or notice must be coloured brown.". PART 3 Amendments to the Fodder Plant Seed (Wales) Regulations 2005 Amendment 10. The Fodder Plant Seed (Wales) Regulations 2005 7 Porthiant (Cymru) 2005 fel a ganlyn. Rheoliad 2 (dehongliad cyffredinol) 11. Yn rheoliad 2(1)— (a) ar ôl y diffiniad o "breeder's seed", mewnosoder— ""Commission Directive 2008/62" means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;"; (b) ar ôl y diffiniad o "component", mewnosoder— ""conservation variety" means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001;". Mewnosod rheoliad 20A newydd 12. Ar ôl rheoliad 20, mewnosoder— "Exception for conservation varieties 20A.—(1) The prohibition in regulation 15(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met. (2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety. (3) The seed must have been harvested from a crop that— (a) has been produced in the region of origin for the variety, and (b) satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS, C1 or C2 seed (whichever is the final generation) for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (4) The seed must satisfy the conditions laid down in Parts II, III and IV of Schedule 4 for CS, C1 or C2 seed (whichever is the final generation) for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (5) The seed may only be marketed in its region of origin. (6) A person proposing to produce seed of a conservation variety must supply the Welsh are amended as follows. Regulation 2 (general interpretation) 11. In regulation 2(1)— (a) after the definition of "breeder's seed", insert— ""Commission Directive 2008/62" means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;"; (b) after the definition of "component", insert— ""conservation variety" means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001;". Insertion of new regulation 20A 12. After regulation 20, insert— "Exception for conservation varieties 20A.—(1) The prohibition in regulation 15(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met. (2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety. (3) The seed must have been harvested from a crop that— (a) has been produced in the region of origin for the variety, and (b) satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS, C1 or C2 seed (whichever is the final generation) for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (4) The seed must satisfy the conditions laid down in Parts II, III and IV of Schedule 4 for CS, C1 or C2 seed (whichever is the final generation) for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (5) The seed may only be marketed in its region of origin. (6) A person proposing to produce seed of a conservation variety must supply the Welsh 8 Ministers, in such manner and form as the Welsh Ministers require, with details in writing of the size and location of the area to be used to produce that seed. (7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62 (quantitative restrictions), the Welsh Ministers may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified. (8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person. (9) Any person marketing seed of a conservation variety must supply the Welsh Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each production season. (10) In this regulation— (a) "official examination or examination under official supervision" means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory; (b) "region of origin" has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Welsh Ministers for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.". Rheoliad 23 (samplu) 13. Ar ôl rheoliad 23(1), mewnosoder— "(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.". Rheoliad 24 (pecynnu) 14.—(1) Diwygier rheoliad 24 fel a ganlyn. (2) Ym mharagraff (2)— (a) ar ôl is-baragraffau (b) ac (c) ill dau, hepgorer "or"; (b) ar ôl is-baragraff (d), mewnosoder "or", ac wedi hynny mewnosoder— "(e)seed of a conservation variety,". (3) Ym mharagraff (4), ar ôl "breeder's seed", mewnosoder "and seed of a conservation variety". Ministers, in such manner and form as the Welsh Ministers require, with details in writing of the size and location of the area to be used to produce that seed. (7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62 (quantitative restrictions), the Welsh Ministers may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified. (8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person. (9) Any person marketing seed of a conservation variety must supply the Welsh Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each production season. (10) In this regulation— (a) "official examination or examination under official supervision" means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory; (b) "region of origin" has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Welsh Ministers for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.". Regulation 23 (sampling) 13. After regulation 23(1), insert— "(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.". Regulation 24 (packaging) 14.—(1) Regulation 24 is amended as follows. (2) In paragraph (2)— (a) after each of sub-paragraphs (b) and (c), omit "or"; (b) after sub-paragraph (d), insert "or", and after that insert— "(e)seed of a conservation variety,". (3) In paragraph (4), after "breeder's seed", insert "and seed of a conservation variety". 9 Rheoliad 26 (labelu pecynnau) 15.—(1) Diwygier rheoliad 26 fel a ganlyn. (2) Ym mharagraff (1)— (a) ar ôl is-baragraffau (b) ac (c) ill dau, hepgorer "or"; (b) ar ôl is-baragraff (d), mewnosoder "or", ac wedi hynny mewnosoder— "(e)seed of a conservation variety,". (3) Ym mharagraff (4), ar ôl "test and trial seed", mewnosoder "or seed of a conservation variety". (4) Ar ôl paragraff (16A), mewnosoder— "(16B) A package of seed of a conservation variety must be labelled— (a) in the case of a package of seed sealed in Wales, in accordance with paragraph 45 of Schedule 8; and (b) in the case of a package of seed sealed— (i) in the United Kingdom, elsewhere than in Wales, or (ii) in another member State, in accordance with the provisions of Article 18 of Commission Directive 2008/62.". Atodlen 8 (labelu) 16.—(1) Ar ôl paragraff 41 a chyn paragraff 42 o Atodlen 8, yn lle "Part VII " rhodder "Part VIII". (2) Ar ôl paragraff 44 o Atodlen 8, mewnosoder— "Part IX Labelling of Packages of Seed of a Conservation Variety Supplier's label or notice for a package of seed of a conservation variety 45.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier's label, or a printed or stamped notice, containing the following particulars— (a) the words "EC rules and standards"; (b) the name and address, or the registration number, of the person responsible for affixing the label or notice; (c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word "sealed" or "sampled" (as the case may be), followed by the year in question; (d) the species; (e) the denomination of the conservation variety; (f) the words "conservation variety"; Regulation 26 (labelling of packages) 15.—(1) Regulation 26 is amended as follows. (2) In paragraph (1)— (a) after each of sub-paragraphs (b) and (c), omit "or"; (b) after sub-paragraph (d), insert "or", and after that insert— "(e)seed of a conservation variety,". (3) In paragraph (4), after "test and trial seed", insert "or seed of a conservation variety". (4) After paragraph (16A), insert— "(16B) A package of seed of a conservation variety must be labelled— (a) in the case of a package of seed sealed in Wales, in accordance with paragraph 45 of Schedule 8; and (b) in the case of a package of seed sealed— (i) in the United Kingdom, elsewhere than in Wales, or (ii) in another member State, in accordance with the provisions of Article 18 of Commission Directive 2008/62.". Schedule 8 (labelling) 16.—(1) After paragraph 41 and before paragraph 42 of Schedule 8, for "Part VII" substitute "Part VIII". (2) After paragraph 44 of Schedule 8, insert— "Part IX Labelling of Packages of Seed of a Conservation Variety Supplier's label or notice for a package of seed of a conservation variety 45.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier's label, or a printed or stamped notice, containing the following particulars— (a) the words "EC rules and standards"; (b) the name and address, or the registration number, of the person responsible for affixing the label or notice; (c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word "sealed" or "sampled" (as the case may be), followed by the year in question; (d) the species; (e) the denomination of the conservation variety; (f) the words "conservation variety"; 10 (g) the region of origin; (h) where the region of seed production is different from the region of origin, the indication of the region of seed production; (i) the reference number of the lot given by the person responsible for affixing the label; (j) the declared net or gross weight or declared number of seeds; and (k) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight. (2) The label or notice must be coloured brown.". RHAN 4 Diwygiadau i Reoliadau Hadau Ŷd (Cymru) 2005 Diwygio 17. Diwygier Rheoliadau Ŷd (Cymru) 2005 fel a ganlyn. Rheoliad 2 (dehongliad cyffredinol) 18. Yn rheoliad 2(1)— (a) ar ôl y diffiniad o "the Cereal Seed Directive", mewnosoder— ""Commission Directive 2008/62" means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;"; (b) ar ôl y diffiniad o "component", mewnosoder— ""conservation variety" means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001;". Mewnosod rheoliad 20A newydd 19. Ar ôl rheoliad 20, mewnosoder— "Exception for conservation varieties 20A.—(1) The prohibition in regulation 15(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met. (g) the region of origin; (h) where the region of seed production is different from the region of origin, the indication of the region of seed production; (i) the reference number of the lot given by the person responsible for affixing the label; (j) the declared net or gross weight or declared number of seeds; and (k) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight. (2) The label or notice must be coloured brown.". PART 4 Amendments to the Cereal Seed (Wales) Regulations 2005 Amendment 17. The Cereal Seed (Wales) Regulations 2005 are amended as follows. Regulation 2 (general interpretation) 18. In regulation 2(1)— (a) after the definition of "the Cereal Seed Directive", insert— ""Commission Directive 2008/62" means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;"; (b) after the definition of "component", insert— ""conservation variety" means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001;". Insertion of new regulation 20A 19. After regulation 20, insert— "Exception for conservation varieties 20A.—(1) The prohibition in regulation 15(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met. 11 (2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety. (3) The seed must have been harvested from a crop that— (a) has been produced in the region of origin for the variety, and (b) satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS, C1 or C2 seed (whichever is the final generation) for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (4) The seed must satisfy the conditions laid down in Parts II and IV of Schedule 4 for CS, C1 or C2 seed (whichever is the final generation) for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (5) The seed may only be marketed in its region of origin. (6) A person proposing to produce seed of a conservation variety must supply the Welsh Ministers, in such manner and form as the Welsh Ministers require, with details in writing of the size and location of the area to be used to produce that seed. (7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62, the Welsh Ministers may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified. (8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person. (9) Any person marketing seed of a conservation variety must supply the Welsh Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each production season. (10) In this regulation— (a) "official examination or examination under official supervision" means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory; (b) "region of origin" has the meaning given to it by regulation 2(1) of the Seeds (2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety. (3) The seed must have been harvested from a crop that— (a) has been produced in the region of origin for the variety, and (b) satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS, C1 or C2 seed (whichever is the final generation) for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (4) The seed must satisfy the conditions laid down in Parts II and IV of Schedule 4 for CS, C1 or C2 seed (whichever is the final generation) for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (5) The seed may only be marketed in its region of origin. (6) A person proposing to produce seed of a conservation variety must supply the Welsh Ministers, in such manner and form as the Welsh Ministers require, with details in writing of the size and location of the area to be used to produce that seed. (7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62, the Welsh Ministers may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified. (8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person. (9) Any person marketing seed of a conservation variety must supply the Welsh Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each production season. (10) In this regulation— (a) "official examination or examination under official supervision" means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory; (b) "region of origin" has the meaning given to it by regulation 2(1) of the Seeds 12 (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Welsh Ministers for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.". Rheoliad 23 (samplu) 20. Ar ôl rheoliad 23(1), mewnosoder— "(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.". Rheoliad 24 (pecynnu) 21.—(1) Diwygier rheoliad 24 fel a ganlyn. (2) Ym mharagraff (2)— (a) ar ôl is-baragraffau (b) ac (c) ill dau, hepgorer "or"; (b) ar ôl is-baragraff (d), mewnosoder "or", ac wedi hynny mewnosoder— "(e)seed of a conservation variety,". (3) Ym mharagraff (4), ar ôl "breeder's seed", mewnosoder "and seed of a conservation variety". Rheoliad 26 (labelu pecynnau) 22.—(1) Diwygier rheoliad 26 fel a ganlyn. (2) Ym mharagraff (1)— (a) ar ôl is-baragraffau (b) ac (c) ill dau, hepgorer "or"; (b) ar ôl is-baragraff (d), mewnosoder "or", ac wedi hynny mewnosoder— "(e)seed of a conservation variety,". (3) Ym mharagraff (4), ar ôl "test and trial seed", mewnosoder "or seed of a conservation variety". (4) Ar ôl paragraff (13A), mewnosoder— "(13B) A package of seed of a conservation variety must be labelled— (a) in the case of a package of seed sealed in Wales, in accordance with paragraph 35 of Schedule 8; and (b) in the case of a package of seed sealed— (i) in the United Kingdom, elsewhere than in Wales, or (ii) in another member State, in accordance with the provisions of Article 18 of Commission Directive 2008/62.". (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Welsh Ministers for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.". Regulation 23 (sampling) 20. After regulation 23(1), insert— "(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.". Regulation 24 (packaging) 21.—(1) Regulation 24 is amended as follows. (2) In paragraph (2)— (a) after each of sub-paragraphs (b) and (c), omit "or"; (b) after sub-paragraph (d), insert "or", and after that insert— "(e)seed of a conservation variety,". (3) In paragraph (4), after "breeder's seed", insert "and seed of a conservation variety". Regulation 26 (labelling of packages) 22.—(1) Regulation 26 is amended as follows. (2) In paragraph (1)— (a) after each of sub-paragraphs (b) and (c), omit "or"; (b) after sub-paragraph (d), insert "or", and after that insert— "(e)seed of a conservation variety,". (3) In paragraph (4), after "test and trial seed", insert "or seed of a conservation variety". (4) After paragraph (13A), insert— "(13B) A package of seed of a conservation variety must be labelled— (a) in the case of a package of seed sealed in Wales, in accordance with paragraph 35 of Schedule 8; and (b) in the case of a package of seed sealed— (i) in the United Kingdom, elsewhere than in Wales, or (ii) in another member State, in accordance with the provisions of Article 18 of Commission Directive 2008/62.". 13 Atodlen 8 (labelu) 23. Ar ôl paragraff 34 o Atodlen 8, mewnosoder— "Part VIII Labelling of Packages of Seed of a Conservation Variety Supplier's label or notice for a package of seed of a conservation variety 35.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier's label, or a printed or stamped notice, containing the following particulars— (a) the words "EC rules and standards"; (b) the name and address, or the registration number, of the person responsible for affixing the label or notice; (c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word "sealed" or "sampled" (as the case may be), followed by the year in question; (d) the species; (e) the denomination of the conservation variety; (f) the words "conservation variety"; (g) the region of origin; (h) where the region of seed production is different from the region of origin, the indication of the region of seed production; (i) the reference number of the lot given by the person responsible for affixing the label; (j) the declared net or gross weight or declared number of seeds; and (k) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight. (2) The label or notice must be coloured brown.". RHAN 5 Diwygiadau i Reoliadau Hadau Planhigion Olew a Ffibr (Cymru) 2004 Diwygio 24. Diwygier Rheoliadau Hadau Planhigion Olew a Schedule 8 (labelling) 23. After paragraph 34 of Schedule 8, insert— "Part VIII Labelling of Packages of Seed of a Conservation Variety Supplier's label or notice for a package of seed of a conservation variety 35.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier's label, or a printed or stamped notice, containing the following particulars— (a) the words "EC rules and standards"; (b) the name and address, or the registration number, of the person responsible for affixing the label or notice; (c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word "sealed" or "sampled" (as the case may be), followed by the year in question; (d) the species; (e) the denomination of the conservation variety; (f) the words "conservation variety"; (g) the region of origin; (h) where the region of seed production is different from the region of origin, the indication of the region of seed production; (i) the reference number of the lot given by the person responsible for affixing the label; (j) the declared net or gross weight or declared number of seeds; and (k) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight. (2) The label or notice must be coloured brown.". PART 5 Amendments to the Oil and Fibre Plant Seed (Wales) Regulations 2004 Amendment 24. The Oil and Fibre Plant Seed (Wales) 14 Ffibr (Cymru) 2004 fel a ganlyn. Rheoliad 2 (dehongliad cyffredinol) 25. Yn rheoliad 2(1)— (a) ar ôl y diffiniad o "breeder's seed", mewnosoder— ""Commission Directive 2008/62" means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;"; (b) ar ôl y diffiniad o "component", mewnosoder— ""conservation variety" means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001;". Mewnosod rheoliad 19A newydd 26. Ar ôl rheoliad 19, mewnosoder— "Exception for conservation varieties 19A.—(1) The prohibition in regulation 15(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met. (2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety. (3) The seed must have been harvested from a crop that— (a) has been produced in the region of origin for the variety, and (b) satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS, C1, C2 or C3 seed (whichever is the final generation) for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (4) The seed must satisfy the conditions laid down in Parts II and IV of Schedule 4 for CS, C1, C2 or C3 seed (whichever is the final generation) for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (5) The seed may only be marketed in its region of origin. (6) A person proposing to produce seed of a conservation variety must supply the Welsh Regulations 2004 are amended as follows. Regulation 2 (general interpretation) 25. In regulation 2(1)— (a) after the definition of "breeder's seed", insert— ""Commission Directive 2008/62" means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;"; (b) after the definition of "component", insert— ""conservation variety" means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001;". Insertion of new regulation 19A 26. After regulation 19, insert— "Exception for conservation varieties 19A.—(1) The prohibition in regulation 15(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met. (2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety. (3) The seed must have been harvested from a crop that— (a) has been produced in the region of origin for the variety, and (b) satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS, C1, C2 or C3 seed (whichever is the final generation) for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (4) The seed must satisfy the conditions laid down in Parts II and IV of Schedule 4 for CS, C1, C2 or C3 seed (whichever is the final generation) for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision. (5) The seed may only be marketed in its region of origin. (6) A person proposing to produce seed of a conservation variety must supply the Welsh 15 Ministers, in such manner and form as the Welsh Ministers require, with details in writing of the size and location of the area to be used to produce that seed. (7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62 (quantitative restrictions), the Welsh Ministers may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified. (8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person. (9) Any person marketing seed of a conservation variety must supply the Welsh Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each production season. (10) In this regulation— (a) "official examination or examination under official supervision" means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory; (b) "region of origin" has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Welsh Ministers for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.". Rheoliad 23 (samplu) 27. Ar ôl rheoliad 23(1), mewnosoder— "(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.". Rheoliad 24 (pecynnu) 28.—(1) Diwygier rheoliad 24 fel a ganlyn. (2) Ym mharagraff (3)— (a) ar ôl is-baragraffau (b) ac (c) ill dau, hepgorer "or"; (b) ar ôl is-baragraff (d), mewnosoder "or", ac wedi hynny mewnosoder— "(e)seed of a conservation variety,". (3) Ym mharagraff (5), ar ôl "breeder's seed", mewnosoder "and seed of a conservation variety". Ministers, in such manner and form as the Welsh Ministers require, with details in writing of the size and location of the area to be used to produce that seed. (7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62 (quantitative restrictions), the Welsh Ministers may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified. (8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person. (9) Any person marketing seed of a conservation variety must supply the Welsh Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each production season. (10) In this regulation— (a) "official examination or examination under official supervision" means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory; (b) "region of origin" has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Welsh Ministers for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.". Regulation 23 (sampling) 27. After regulation 23(1), insert— "(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.". Regulation 24 (packaging) 28.—(1) Regulation 24 is amended as follows. (2) In paragraph (3)— (a) after each of sub-paragraphs (b) and (c), omit "or"; (b) after sub-paragraph (d), insert "or", and after that insert— "(e)seed of a conservation variety,". (3) In paragraph (5), after "breeder's seed", insert "and seed of a conservation variety". 16 Rheoliad 26 (labelu pecynnau) 29.—(1) Diwygier rheoliad 26 fel a ganlyn. (2) Ym mharagraff (1), yn lle "applies or test and trial seed", rhodder "applies, test and trial seed or seed of a conservation variety". (3) Ym mharagraff (3), ar ôl "test and trial seed", mewnosoder "or seed of a conservation variety". (4) Ar ôl paragraff (12A), mewnosoder— "(12B) A package of seed of a conservation variety must be labelled— (a) in the case of a package of seed sealed in Wales, in accordance with paragraph 39 of Schedule 8; and (b) in the case of a package of seed sealed— (i) in the United Kingdom, elsewhere than in Wales, or (ii) in another member State, in accordance with the provisions of Article 18 of Commission Directive 2008/62.". Atodlen 8 (labelu) 30. Ar ôl paragraff 38 o Atodlen 8, mewnosoder— "Part IX Labelling of Packages of Seed of a Conservation Variety Supplier's label or notice for a package of seed of a conservation variety 39.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier's label, or a printed or stamped notice, containing the following particulars— (a) the words "EC rules and standards"; (b) the name and address, or the registration number, of the person responsible for affixing the label or notice; (c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word "sealed" or "sampled" (as the case may be), followed by the year in question; (d) the species; (e) the denomination of the conservation variety; (f) the words "conservation variety"; (g) the region of origin; (h) where the region of seed production is different from the region of origin, the indication of the region of seed production; Regulation 26 (labelling of packages) 29.—(1) Regulation 26 is amended as follows. (2) In paragraph (1), for "applies or test and trial seed", substitute "applies, test and trial seed or seed of a conservation variety". (3) In paragraph (3), after "test and trial seed", insert "or seed of a conservation variety". (4) After paragraph (12A), insert— "(12B) A package of seed of a conservation variety must be labelled— (a) in the case of a package of seed sealed in Wales, in accordance with paragraph 39 of Schedule 8; and (b) in the case of a package of seed sealed— (i) in the United Kingdom, elsewhere than in Wales, or (ii) in another member State, in accordance with the provisions of Article 18 of Commission Directive 2008/62.". Schedule 8 (labelling) 30. After paragraph 38 of Schedule 8, insert— "Part IX Labelling of Packages of Seed of a Conservation Variety Supplier's label or notice for a package of seed of a conservation variety 39.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier's label, or a printed or stamped notice, containing the following particulars— (a) the words "EC rules and standards"; (b) the name and address, or the registration number, of the person responsible for affixing the label or notice; (c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word "sealed" or "sampled" (as the case may be), followed by the year in question; (d) the species; (e) the denomination of the conservation variety; (f) the words "conservation variety"; (g) the region of origin; (h) where the region of seed production is different from the region of origin, the indication of the region of seed production; 17 (i) the reference number of the lot given by the person responsible for affixing the label; (j) the declared net or gross weight or declared number of seeds; and (k) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight. (2) The label or notice must be coloured brown.". Y Gweinidog dros Faterion Gwledig, un o Weinidogion Cymru 3 Mehefin 2009 (i) the reference number of the lot given by the person responsible for affixing the label; (j) the declared net or gross weight or declared number of seeds; and (k) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight. (2) The label or notice must be coloured brown.". Minister for Rural Affairs, one of the Welsh Ministers 3 June 2009 18 Elin Jones © h Hawlfraint y Goron 2009 Argraffwyd a chyhoeddwyd yn y Deyrnas Unedig gan The Stationery Office Limited o dan awdurdod ac arolygiaeth Carol Tullo, Rheolwr Gwasg Ei Mawrhydi ac Argraffydd Deddfau Seneddol y Frenhines. © Crown copyright 2009 Printed and Published in the UK by the Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. W E L S H S TAT U T O RY I N S T R U M E N T S 2009 No. 1356 (W.131) SEEDS, WALES The Seed (Conservation Varieties Amendments) (Wales) Regulations 2009 O F F E RY N N A U S TAT U D O L C Y M R U 2009 Rhif 1356 (Cy.131) HADAU, CYMRU Rheoliadau Hadau (Diwygiadau Amrywogaethau Cadwraeth) (Cymru) 2009 £5.50 W491/06/09 ON