Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. No. 2388 of 2004)

The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] Statutory Instrument 2004 No. 2388 The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 © Crown Copyright 2004 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. 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STATUTORY INSTRUMENTS 2004 No. 2388 SEEDS, ENGLAND The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 Made 10th September 2004 Laid before Parliament 15th September 2004 Coming into force 8th October 2004 http://www.opsi.gov.uk/bookstore.htm?AF=A10075&FO=38383&Action=AddItem&ProductID=0110498283 mailto:customer.services@tso.co.uk http://www.hmso.gov.uk/faqs.htm The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] The Secretary of State in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4), (5), (5A) and 36 of the Plant Varieties and Seeds Act 1964[1], and now vested in her[2], after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to her to be concerned, hereby makes the following Regulations: Title and commencement 1. These Regulations may be cited as the Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 and shall come into force on 8th October 2004. Amendment of the Oil and Fibre Plant Seed (England) Regulations 2002 2. - (1) The Oil and Fibre Plant Seed (England) Regulations 2002[3] shall be amended in accordance with the following provisions of this regulation. (2) In regulation 2(1) (a) After the definition of "the Act", there shall be inserted the following definition " "Annex II.A(3) official certificate" means an official certificate of the type specified in paragraph 3 of Part A of Annex II to the Third Country Equivalence Decision;"; (b) for the definition of "approved seed certification authority", there shall be substituted the following definition " "approved seed certification authority" means an authority specified in column 2 of the table set out in Annex I to the Third Country Equivalence Decision;"; (c) for the definition of "breeder's seed", there shall be substituted the following definition " "breeder's seed" means seed which has been produced by or under the responsibility of the breeder and that is intended for the production of pre-basic or basic seed;"; (d) for the definition of "the Common Catalogue Directive", there shall be substituted the following definition " "the Common Catalogue Directive" means Council Directive 2002/53/EC[4] on the common catalogue of varieties of agricultural plant species, as last amended by the Food and Feed Regulation;"; (e) after the definition of "control plot", there shall be inserted the following definition " "the Deliberate Release Directive" means Council Directive 2001/18/EC[5] on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/2003[6] concerning the traceability and labelling of genetically modified organisms and the traceability of http://www.opsi.gov.uk/si/si2004/20042388.htm#note1 http://www.opsi.gov.uk/si/si2004/20042388.htm#note2 http://www.opsi.gov.uk/si/si2004/20042388.htm#note3 http://www.opsi.gov.uk/si/si2004/20042388.htm#note4 http://www.opsi.gov.uk/si/si2004/20042388.htm#note5 http://www.opsi.gov.uk/si/si2004/20042388.htm#note6 The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] food and feed products produced from genetically modified organisms;"; (f) for the definition of "EEA State", there shall be substituted the following definition " "EEA State" means (a) a State which is a member of the Communities; and (b) Iceland, Liechtenstein and Norway;"; (g) for the definition of "equivalent third country", there shall be substituted the following definition " "equivalent third country" means Argentina, Australia, Bulgaria, Canada, Chile, Croatia, Israel, Morocco, New Zealand, Romania, Serbia and Montenegro, South Africa, Turkey, the United States of America, and Uruguay;"; (h) after the definition of "equivalent third country", there shall be inserted the following definition " "the Food and Feed Regulation" means Council Regulation (EC) No 1829/2003[7] on genetically modified food and feed;"; (i) for the definition of "genetically modified", there shall be substituted the following definition " "genetically modified" has the same meaning as for the purposes of the Deliberate Release Directive;"; (j) for the definition of "member State", there shall be substituted the following definition " "member State" means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;"; (k) for the definition of "the Oil and Fibre Plant Seed Directive", there shall be inserted the following definition " "the Oil and Fibre Plant Seed Directive" means Council Directive 2002/57/EC[8] on the marketing of seed of oil and fibre plant species as last amended by Council Directive 2003/61/EC[9];"; (l) the definition of "a Part II.A(3) official certificate" shall be deleted; and (m) for the definition of "the Third Country Equivalence Decision", there shall be substituted the following definition http://www.opsi.gov.uk/si/si2004/20042388.htm#note7 http://www.opsi.gov.uk/si/si2004/20042388.htm#note8 http://www.opsi.gov.uk/si/si2004/20042388.htm#note9 The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] " "the Third Country Equivalence Decision" means Council Decision 2003/17/EC[10] on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries, as last amended by Council Regulation (EC) No 885/2004[11];". (3) In regulation 9(2)(d), for the words "a Part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3 official certificate)". (4) In regulation 10, for paragraph (4)(d)(i) there shall be substituted the following paragraph " (i) is satisfied that the crop has been produced directly from UK, EC, third country or overseas tested officially certified basic, C1 or C2 seed of a listed variety, or, with the breeder's written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety; and". (5) In regulation 11, for paragraph (15)(c)(ii) there shall be substituted the following paragraph " (ii) not finally certified CS, C1 or C2 seed harvested in an equivalent third country and for which the Annex II.A(3) official certificate relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 9.". (6) In regulation 12 (a) in paragraph (1)(a), after the words "being issued" there shall be added the words "or within such other time as the Secretary of State may otherwise allow"; and (b) in paragraph (1)(b), after the words "is listed" there shall be added the words "or within such other time as the Secretary of State may otherwise allow". (7) In regulation 18, for paragraph (4) there shall be substituted the following paragraph " (4) The Secretary of State shall not grant a regulation 18 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either (a) Part C of the Deliberate Release Directive; or (b) the Food and Feed Regulation.". (8) In regulation 19, for paragraph (4)(c) there shall be substituted the http://www.opsi.gov.uk/si/si2004/20042388.htm#note10 http://www.opsi.gov.uk/si/si2004/20042388.htm#note11 The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] following paragraph " (c) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under either (i) Part C of the Deliberate Release Directive; or (ii) the Food and Feed Regulation.". (9) In regulation 24 (a) in paragraph 6(c), for the words "paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision"; and (b) in paragraph 10(c), for the words "paragraph B.I of Annex II to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision". (10) In regulation 26 (a) in paragraph 6(c), for the words "paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision"; (b) paragraph 8(c) shall be deleted; (c) in paragraph 10(c), for the words "paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision"; and (d) in paragraph 16, for the words "paragraph 16, 17(3), 22, 23(3), 30, 31(4), 38 or 39(4)" there shall be substituted the words "paragraph 16, 17(3), 22, 23(3), 30, 31(3), 31(4), 38, 39(3), 39(4), 45A, 46(3) 46(4), 52A, 53(3) or 53(4)". (11) In Schedule 1 (a) in paragraph 16 of Part II (i) in sub-paragraph (2)(a)(ii), for the words "paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision"; (ii) in sub-paragraph (2)(b)(iii), for the words "paragraphs 1 and 3 The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision"; and (iii) in sub-paragraph (2)(c), for the words "paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision"; (b) in paragraph 22 of part II (i) in sub-paragraph (1), after the word "means" the word "basic" shall be deleted; (ii) in sub-paragraph (2)(a)(ii), for the words "paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision"; (iii) in sub-paragraph (2)(b)(iii), for the words "paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision"; and (iv) in sub-paragraph (2)(c), for the words "paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision"; (c) in paragraph 30 of part III (i) in sub-paragraph (2)(a)(ii), for the words "paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision"; (ii) in sub-paragraph (2)(b)(iii), for the words "paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision"; and (iii) in sub-paragraph (2)(c), for the words "paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision"; (d) in paragraph 31(3)(d)(i) of part III, for the words "a Part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate"; The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] (e) in paragraph 38 of part III (i) in sub-paragraph (2)(a)(ii), for the words "paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision"; (ii) in sub-paragraph (2)(b)(iii), for the words "paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision"; and (iii) in sub-paragraph (2)(c), for the words "paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision"; (f) in paragraph 39(3)(d)(i) of part III, for the words "a Part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate"; (g) for paragraph 43 of part III there shall be substituted the following paragraph " 43. - (1) In these Regulations "C2 seed" means seed to which paragraph (2) or (3) applies. (2) In relation to flax, linseed and soya bean, "C2 seed" means seed that (a) has been produced directly from (i) officially certified basic seed, (ii) officially certified C1 seed, or (iii) with the breeder's written authority, from officially certified pre-basic seed, and (b) is intended (i) in the case of flax, for the production of C3 seed; or (ii) in the case of linseed and soya bean, for purposes other than the production of oil and fibre plant seed. (3) In relation to monoecious hemp, "C2 seed" means seed that (a) has been produced directly from officially certified C1 seed; and The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] (b) is intended for the production of hemp to be harvested in flower."; (h) in paragraph 44(3) of part III (i) in paragraph (d)(iii), the word "and" shall be deleted; (ii) in paragraph (e)(i), after the words "another member state" there shall be added the words "or an equivalent third country"; and (iii) after paragraph (e), there shall be inserted the following paragraphs " (f) C2 seed of a listed variety that (i) has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and (ii) complies with the requirements of paragraphs (a)(ii) and (iii); and (g) C2 seed (i) of a previously listed variety that is on the OECD list; (ii) that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; (iii) that complies with the requirements of paragraphs (a)(ii) and (iii); and (iv) for which a marketing extension is in force,"; (i) after paragraph 45 of part III there shall be inserted the following paragraph " Third country officially certified C2 seed of a listed variety 45A. - (1) In these Regulations, "third country officially certified C2 seed of a listed variety" means C2 seed to which sub-paragraph (2) or (3) applies. (2) This sub-paragraph applies to C2 seed of a listed variety that (a) was harvested from a crop that has been produced (i) in an equivalent third country; and (ii) from a preceding generation of seed that was produced in The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision; (b) has been officially certified as C2 seed by the approved seed certification authority in that country in accordance with (i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme; and (ii) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and (iii) in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision; (c) has been packed in packages that have been officially closed and marked in accordance with (i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and (ii) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme, and as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and (d) has been imported into the United Kingdom and was accompanied by (i) an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C2 seed; and (ii) subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C2 seed other than those relating to varietal identity and varietal purity; or (iii) in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii). (3) This sub-paragraph applies to C2 seed The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] (a) of a previously listed variety that is on the OECD List and for which a marketing extension is in force; and (b) that complies with the requirements of sub-paragraph (2)(a) to (d)."; (j) for paragraph 46 of part III there shall be substituted the following paragraph " Overseas tested officially certified C2 seed of a listed variety 46. - (1) In these Regulations "overseas tested officially certified C2 seed of a listed variety" means C2 seed to which sub-paragraph (2), (3) or (4) applies. (2) This sub-paragraph applies to C2 seed (a) that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for C2 seed; (b) for which a seed test report has been issued (i) by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or (ii) by a licensed EC seed testing station in either of the member States referred to in paragraph (i), stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed; (c) that has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and (d) that is accompanied by (i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a); and (ii) the seed test report referred to in paragraph (b). (3) This sub-paragraph applies to C2 seed that (a) was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for C2 seed; (b) was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed; (c) has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and (d) is accompanied by (i) an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for C2 seed; and (ii) the seed test report referred to in paragraph (b). (4) This sub-paragraph applies to C2 seed that (a) complies with the requirements of paragraph 45A(2)(a) to (d); and (b) was imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed."; (k) in paragraph 47(3) of part III (i) in sub-paragraph (c)(ii), the word "and" shall be deleted; (ii) after sub-paragraph (d), there shall be inserted the following paragraphs " (e) C2 seed of a listed variety that (i) has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and (ii) complies with the requirements of paragraphs (a)(ii) to (iv); and (f) C2 seed The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] (i) of a previously listed variety that is on the OECD list; (ii) that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; (iii) that complies with the requirements of paragraphs (a)(ii) to (iv); and (iv) for which a marketing extension is in force,"; (l) after sub-paragraph (b) of paragraph 49 of part III, there shall be inserted the following sub-paragraph " (bb) third country officially certified C2 seed of a listed variety;"; (m) after paragraph 52 of part III, there shall be inserted the following paragraph " Third country officially certified C3 seed of a listed variety 52A. - (1) In these Regulations "third country officially certified C3 seed of a listed variety" means C3 seed to which sub-paragraph (2) or (3) applies. (2) This sub-paragraph applies to C3 seed of a listed variety that (a) was harvested from a crop that has been produced (i) in an equivalent third country; and (ii) from a preceding generation of seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision; (b) has been officially certified as C3 seed by the approved seed certification authority in that country in accordance with (i) the OECD Crucifer and Oil and Fibre Seed Scheme; and (ii) the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision; (c) has been packed in packages that have been officially closed and marked in accordance with the OECD Crucifer and Oil and Fibre Seed Scheme and as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and (d) that has been imported into the United Kingdom and was accompanied by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] (i) an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C3 seed; and (ii) subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C3 seed other than those relating to varietal identity and varietal purity; or (iii) in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii). (3) This sub-paragraph applies to C3 seed (a) of a previously listed variety that is on the OECD List and for which a marketing extension is in force; and (b) that complies with the requirements of sub-paragraphs 2(a) (d)."; (n) for paragraph 53 of part III, there shall be substituted the following paragraph " Overseas tested officially certified C3 seed of a listed variety 53. - (1) In these Regulations, "overseas tested officially certified C3 seed of a listed variety" means C3 seed to which sub paragraph (2), (3) or (4) applies. (2) This sub-paragraph applies to C3 seed (a) that was harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report has been issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for C3 seed; (b) for which a seed test report has been issued (i) by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or (ii) by a licensed EC seed testing station in either of the member States referred to in paragraph (i), The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] stating that the seed has been found to satisfy the relevant Directive seed conditions for C3 seed; (c) that was imported into the United Kingdom as C3 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and (d) that is accompanied by (i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a); and (ii) the seed test report referred to in paragraph (b). (3) This sub-paragraph applies to C3 seed that (a) was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop has been found to satisfy the relevant Directive crop conditions for C3 seed; (b) was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C3 seed; (c) has been imported into the United Kingdom as C3 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and (d) is accompanied by (i) an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant Directive crop conditions for C3 seed; and (ii) the seed test report referred to in paragraph (b). (4) This sub-paragraph applies to C3 seed that (a) complies with the requirements of paragraph 52A(2)(a) to (d); and (b) was imported into the United Kingdom as C3 seed of a variety that was unlisted at the time when the seed was imported but has since been listed."; The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] (o) after sub-paragraph (b) of paragraph 56 of part III, there shall be inserted the following sub-paragraph " (bb) third country officially certified C3 seed of a listed variety;"; (p) in paragraph 63(10) of part IV (i) in paragraph (a) (aa) for sub-paragraph (i), there shall be substituted the following sub-paragraph " (i) produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which C2 seed is to be produced,"; (bb) for sub-paragraph (ii), there shall be substituted the following sub-paragraphs " (ii) produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority or licensed EC field inspector in that State to satisfy the Directive crop conditions for C2 seed, or (iii) produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority or a licensed third country crop inspector in that country to satisfy the Directive crop conditions for C2 seed;"; (ii) in paragraph (b) (aa) for sub-paragraph (i), there shall be substituted the following sub-paragraph " (i) was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for C2 seed,"; (bb) for sub-paragraph (ii), there shall be substituted the following sub-paragraphs " (ii) was found by seed testing carried out by or on behalf of the competent seed certification authority or licensed EC seed testing station in another member State to satisfy the The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] Directive seed conditions for C2 seed, or (iii) was found by seed testing carried out by the approved seed certification authority or a licensed third country seed testing station in an equivalent third country to satisfy the Directive seed conditions for C2 seed; and"; (q) in paragraph 69(1)(b) of part V, for the words "officially certified basic seed or C1" there shall be substituted the words "officially certified basic, C1 or C2"; (r) in paragraph 70(1) of part V (i) in sub-paragraph (b)(ii), for the words "Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "Part A of Annex II to the Third Country Equivalence Decision"; (ii) in sub-paragraph (c), for the words "Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "Part A of Annex II to the Third Country Equivalence Decision"; and (iii) in sub-paragraph (e), for the words "a part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate"; (s) in paragraph 71(1) of part V (i) in sub-paragraph (b)(ii), for the words "Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "Part A of Annex II to the Third Country Equivalence Decision"; (ii) in sub-paragraph (c), for the words "Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "Part A of Annex II to the Third Country Equivalence Decision"; and (iii) in sub-paragraph (e), for the words "a Part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate"; and (t) after paragraph 71 of part V, there shall be inserted the following paragraph " Not finally certified C2 seed harvested in an equivalent third country 72. - (1) In these Regulations "not finally certified C2 seed harvested in an equivalent third country" means C2 seed (a) to which sub-paragraph (2) applies; The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] (b) that has been harvested from a crop that (i) has been produced in an equivalent third country directly from officially certified basic seed or C1 seed; and (ii) has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C2 seed; (c) that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision; (d) that has been imported into the United Kingdom as not finally certified seed; and (e) that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested. (2) This sub-paragraph applies to C2 seed of (a) a listed variety; (b) a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or (c) a previously listed variety that is on the OECD List and for which a marketing extension is in force.". (12) In Schedule 3, in entry (d)(ii) in the table in paragraph 2, for the word "CS" there shall be substituted the words "C1 and C2". (13) In the table in Schedule 5 (a) in paragraph 1(e) of column 1, after the word "EC" there shall be inserted the words ", third country"; (b) in paragraph 1(f) of column 1, after the word "EC" there shall be inserted the words ", third country"; (14) In Schedule 6 (a) after paragraph 18, there shall be inserted the following paragraph The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] " 18A. Third country officially certified C2 seed of a listed variety."; and (b) after paragraph 21, there shall be inserted the following paragraph " 21A. Third country officially certified C3 seed of a listed variety.". (15) In Schedule 10 (a) after the entry for "the Act" there shall be inserted the following entry "Annex II.A(3) official certificate Regulation 2(1)"; (b) after the entry for "control plot" there shall be inserted the following entry "Deliberate Release Directive Regulation 2(1)"; (c) after the entry for "flax" there shall be inserted the following entry "Food and Feed Regulation Regulation 2(1)"; (d) the entry for "Part II.A(3) official certificate shall be deleted; and (e) after the entry for "third country officially certified C1 seed of a listed variety" there shall be inserted the following entries "third country officially certified C2 seed of a listed variety; Paragraph 45A of Schedule 1 third country officially certified C3 seed of a listed variety". Paragraph 52A of Schedule 1. Ben Bradshaw Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 10th September 2004 EXPLANATORY NOTE (This note is not part of the Regulations) The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] These Regulations amend the Oil and Fibre Plant Seed (England) Regulations 2002 (SI 2002/3174) (the "2002 Regulations"). The amendments to the 2002 Regulations (a) update references to "the Third Country Equivalence Decision" to take account of Council Decision 2003/17/EC (O.J. No. L8, 14.1.2003, p. 10) on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries, as last amended by Council Regulation (EC) No 885/2004 (O.J. No. L168, 1.5.2004, p. 1) (Regulations 2(2)(a); 2(2)(b); 2(2)(l); 2(2)(m); 2(3); 2(4); 2(5); 2(9); 2(10); 2(11); 2(13)(a); 2(13)(b); 2(14); 2(15)(a); 2(15)(d); and 2(15)(e)); (b) provide for Switzerland to be treated as a member state for the purpose of the 2002 Regulations, in accordance with Annex 6 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (O.J. No. L114, 30.4.2002, p. 132) (Regulation 2(2)(j)); (c) amend references to "equivalent third countries" to take account of the accession of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia to the EC (Regulations 2(2)(f); and 2(2) (g)); (d) provide that, where there is a requirement for a consent to have been obtained in relation to seed of genetically modified varieties, a consent can be obtained either in accordance with Council Directive 2001/18/EC (O.J. No. L106, 17.4.2001, p. 1) on the deliberate release into the environment of genetically modified organisms or in accordance with Council Regulation (EC) No 1829/2003 (O.J. No. L268, 18.10.2003, p. 1) on genetically modified food and feed (Regulations 2(2)(h); 2(7); 2(8); and 2(15)(c)); (e) correct errors (Regulations 2(2)(c); 2(11)(b)(i);2(11)(q); and 2(12)); and (f) update references to amended EC legislation (Regulations 2(2)(d); 2(2)(e); 2(2)(i); 2(2)(k) and 2(15)(b)). A Transposition Note has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Transposition Note can be obtained from the Plant Variety Rights Office and Seeds Division of the Department for Environment, Food and Rural Affairs, White House Lane, Huntingdon Road, Cambridge CB3 0LF. A regulatory impact assessment has not been prepared for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies. Notes: [1] 1964 c. 14; section 16 was amended by section 4(1) of, and paragraph 5(1), (2) and (3) of Schedule 4 to, the European Communities Act 1972 (c. 68), S.I. 1977/1112 and section 2 of the Agriculture Act 1986 (c. 49); see section 38(1) for a definition of "the Minister".back [2] Under the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), http://www.opsi.gov.uk/si/si2004/20042388.htm#n1 The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 file:///D/HTML/uk54941.htm[16.01.2025 11:47:16] Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2004 Prepared 22 September 2004 article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 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), article 2(1) and Schedule 1, the functions transferred to the Secretary of State by the 1978 transfer Order were transferred to the National Assembly for Wales; under the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to England, transferred to the Secretary of State.back [3] S.I. 2002/3174.back [4] O.J. No. L193, 20.7.2002, p. 1.back [5] O.J. No. L106, 17.4.2001, p. 1.back [6] O.J. No. L268, 18.10.2003, p. 24.back [7] O.J. No. L268, 18.10.2003, p. 1.back [8] O.J. No. L193, 20.7.2002, p. 74.back [9] O.J. No. L165, 3.7.2003, p. 23.back [10] O.J. No. L8, 14.1.2003, p. 10.back [11] O.J. No. L168, 1.5.2004, p. 1.back ISBN 0 11 049828 3 http://www.opsi.gov.uk/stat.htm http://www.opsi.gov.uk/stat.htm http://www.opsi.gov.uk/ http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.hmso.gov.uk/ http://www.hmso.gov.uk/ http://www.hmso.gov.uk/contact/comments.htm http://www.opsi.gov.uk/si/si2004/20042388.htm#n2 http://www.opsi.gov.uk/si/si2004/20042388.htm#n3 http://www.opsi.gov.uk/si/si2004/20042388.htm#n4 http://www.opsi.gov.uk/si/si2004/20042388.htm#n5 http://www.opsi.gov.uk/si/si2004/20042388.htm#n6 http://www.opsi.gov.uk/si/si2004/20042388.htm#n7 http://www.opsi.gov.uk/si/si2004/20042388.htm#n8 http://www.opsi.gov.uk/si/si2004/20042388.htm#n9 http://www.opsi.gov.uk/si/si2004/20042388.htm#n10 http://www.opsi.gov.uk/si/si2004/20042388.htm#n11