Seeds (National Lists of Varieties) (Amendment) Regulations 2007 (S.I. No. 1871 of 2007)

S T A T U T O R Y I N S T R U M E N T S 2007 No. 1871 AGRICULTURE The Seeds (National Lists of Varieties) (Amendment) Regulations 2007 Made - - - - 27th June 2007 Laid before Parliament 2nd July 2007 Laid before the National Assembly for Wales 2nd July 2007 Coming into force - - 27th July 2007 The Secretary of State and the Welsh Ministers have been designated(a) for the purposes of section 2(2) of the European Communities Act 1972(b) in relation to the common agricultural policy of the European Community. They make the following Regulations acting jointly (the Welsh Ministers acting in relation to Wales only) under the powers conferred by that section. Title and commencement 1. These Regulations may be cited as the Seeds (National Lists of Varieties) (Amendment) Regulations 2007 and come into force on 27th July 2007. Amendment of the Seeds (National Lists of Varieties) Regulations 2001 2.—(1) The Seeds (National Lists of Varieties) Regulations 2001(c) are amended as follows. (2) In regulation 2(1) for the definition of “the Equivalence Decision” substitute the following definition— ““the Equivalence Decision” means Council Decision 2005/834/EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC(d);”. (3) In regulation 11(2)(b) for “paragraph 2” substitute “paragraph 2 or 3”. (4) For paragraph 2 of Part I of Schedule 1 substitute the following paragraph— (a) For the Secretary of State, see S.I. 1972/1811; for the Welsh Ministers, see S.I. 2005/2766 and section 162 of, and paragraphs 28(1) and 30(1) and (2)(b) of Schedule 11 to, the Government of Wales Act 2006 (c.32). The power of the Secretary of State, as a Minister designated by virtue of S.I. 1972/1811 in relation to the common agricultural policy of the European Community, to make regulations which extend to Scotland remains exercisable by virtue of section 57(1) of the Scotland Act 1998 (1998 c. 46). The Secretary of State’s power, as a Minister so designated, to make regulations which extend to Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812. (b) 1972 c. 68. (c) S.I. 2001/3510, as amended by S.I. 2004/2949, and to which there are amendments made in relation to Scotland which are not relevant. (d) OJ No L 312, 29.11.2005, p 51. 2 “Vegetable varieties 2. Plants conforming with the characteristics of cultivated plant varieties of the following species intended for agricultural or horticultural production but not for ornamental use: Name Common name Allium cepa L. (Cepa Group) Onion, Echalion Allium cepa L. (Aggregatum Group) Shallot Allium fistulosum L. Japanese bunching onion or Welsh onion Allium porrum L. Leek Allium sativum L. Garlic Allium schoenoprasum L. Chives Apium graveolens L. Celery, Celeriac Beta vulgaris L. Beetroot including Cheltenham beet, Spinach beet or Chard Brassica oleracea L. Curly kale, Cauliflower, Sprouting broccoli or Calabrese, Brussels sprouts, Savoy cabbage, White cabbage, Red cabbage, Kohlrabi Brassica rapa L. Chinese cabbage, Turnip Cichorium endivia L. Curled-leaved endive, Plain-leaved endive Cucumis melo L. Melon Cucumis sativus L. Cucumber, Gherkin Cucurbita maxima Duchesne Gourd Cucurbita pepo L. Marrow or Courgette Daucus carota L. Carrot, Fodder carrot Lactuca sativa L. Lettuce Lycopersicon esculentum Mill. Tomato Petroselinum crispum (Mill.) Nyman ex A.W.Hill Parsley Phaseolus coccineus L. Runner bean Phaseolus vulgaris L. Dwarf French bean, Climbing French bean Pisum sativum L. (partim) Wrinkled pea, Round pea, Sugar pea Raphanus sativus L. Radish, Black radish Rheum rhabarbarum L. Rhubarb Spinacia oleracea L. Spinach Vicia faba L. (partim) Broad bean Zea mays L. (partim) Sweet corn, Popcorn”. (5) In paragraph 1 of Part II of Schedule 1 in the table of vegetable species omit “(partim)” both times. (6) In paragraph 2 of Part II of Schedule 1 in the table of vegetable species— (a) for the common name “Chilli pepper or Capsicum” substitute “Chilli or Pepper”; (b) omit “(partim)” from the name “Cichorium intybus L. (partim)”; (c) for the name “Citrullus vulgaris (C. lanatus)” substitute “Citrullus lanatus (Thunb.) Matsum. et Nakai”; (d) for the common name “Cardoon” substitute “Cardoon, Globe artichoke”; (e) for the common name “Scorzonera” substitute “Scorzonera or Black salsify”; and (f) for the name “Valerianella locusta (L.) Betcke” substitute “Valerianella locusta (L.) Laterr.”. (7) After paragraph 2 of Part II of Schedule 1 insert the following paragraph— 3 “Derogation in respect of marketing restrictions 3. Other plants conforming with the characteristics of cultivated plant varieties of the following species intended for agricultural or horticultural production but not for ornamental use: Vegetable Species Name Common name Allium cepa L. —Aggregatum Group Shallot Allium fistulosum L. Japanese bunching onion or Welsh onion Allium sativum L. Garlic Allium schoenoprasum L. Chives Rheum rhabarbarum L. Rhubarb”. Jeff Rooker Minister of State 26th June 2007 Department for Environment, Food and Rural Affairs Signed on behalf of the Welsh Ministers Jane Davidson 27th June 2007 Minister for Sustainability and Rural Development, one of the Welsh Ministers EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510) (“the 2001 Regulations”). These Regulations give effect to Council Decision 2005/834/EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC (OJ No L 312, 29.11.2005, p 51) (regulation 2(2)). They amend the 2001 Regulations to give effect to Commission Directive 2006/124/EC amending Council Directive 2002/55/EC on the marketing of vegetable seed (OJ L 339, 6.12.2006, p 12). Commission Directive 2006/124/EC replaces the list of species of vegetable the seed of which are subject to control in relation to marketing. Several new species of vegetable are added to the list of species which may be accepted onto a national list, and the names and common names of several species in the 2001 Regulations are amended to reflect changes made by Commission Directive 2006/124/EC (regulation 2(4) to (6)). They also give effect to Commission Decision 2007/321/EC (OJ L 119, 9.5.2007, p 48), which releases the United Kingdom from its obligation to apply some of the provisions of Directive 2002/55/EC relating to the restriction on marketing of seed of four species and one sub-species of vegetable (regulation 2(7)). A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. £3.00 Crown copyright 2007 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. E0966 7/2007 170966T 19585