Registered Plant Breeders' Rights (Farm Saved Seed) (Prescribed Species and Groups) (Bailiwick of Guernsey) Regulations, 2015 (G.S.I. No. 82 of 2015)

GRLF'FE. ROYAL COURT 2 2 0CT 20!5 GUERNSEY GUERNSEY STATUTORY INSTRUMENT 2015 NO. Gl The Registered Plant Breeders' Rights (Farm Saved Seed) (Prescribed Species and Groups) (Bailiwick of Guernsey) Regulations, 2015 Made Coming into operation Laid be.fore the States 22nd October, 2015 23rd October, 2015 , 2015 THE COMMERCE AND EMPLOYMENT DEPARTMENT, in exercise of the powers conferred on it by sections 18(2) and 43 of the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007a and all other powers enabling it in that behalf, hereby makes the following Regulations: Specification of species and groups. 1. The following species and groups are prescribed for the purposes of section l 8(2) of the Ordinance Name Fodder plants Cicer arietinum L. Lupinus luteus L. Medicago sativa L. Pisum sativum L. (partim) Trifolium alexandrinum L. Trifolium resupinatum L. Vica faba Vicia sativa L. Cereals Avena sativa Common Name Chickpea milkvetch Yellow lupin Lucerne Field pea Berseem/Egyptian clover Persian clover Field bean Common vetch Oats a Ordinance No. IV of 2005; as amended by Order in Council No. XIV of 2012. l Hordeum vulgare L. Oryza sativa L. Barley Rice Phalaris canariemis L. Secale cereale L. X Triticosecale Wittm. Canary Grass Rye Triticale Triticum aestivum L.. emend. Fiori et Paol. Wheat Triticum durum Desf. Triticum spelta L. Durum wheat. Spelt wheat Potatoes Solanum tuberosum Potatoes Oil and fibre plants Brassica rxapus. L. (partim) Swede rape Brassica rapa L. (partim) Turnip rape Linum usitatissimum Linseed with the exclusion of flax Interpretation. 2. (1) IntheseRegulations,unlessthecontextrequiresotherwise "enactment" means any Law, Ordinance or subordinate legislation, "the Ordinance" means the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007, "subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any enactment and having legislative effect, and other expressions have the same meanings as in the Intellectual Property (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004 and in the Ordinance. (2) The Interpretation (Guernsey) Law, 1948c applies to the interpretation of these Regulations. (3) Any reference in these Regulations to an enactment is a b Order in Council No. XIV of 2004; as amended by Ordinance No. XXXIII of 2003 and No. XX of 2015. c Ordres ell Conseil Vol. XIII, p. 355.,p. 2 reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied. Citation and commencement. 3. These Regulations may be cited as the Registered Plant Breeders' Rights (Farm Saved Seed) (Prescribed Species and Groups) (Bailiwick of Guernsey) Regulations, 2015 and shall come into force on the 23rd October, 2015. Dated this 22nd day of octobq,ffl5 DEPUTY A.H. BROUARD Qe@mty Minister of the States Commerce and Employment Department For and on behalf of the Department EXPLANATORY NOTE (This note is not part of the Regulations) Section 18(l) of the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007 provides that plant breeders' rights do not extend to the use by farmers of prescribed varieties of material for propagating purposes in certain circumstances. These Regulations prescribe the varieties in relation to which this exemption applies. These Regulations come into force on the 23rd day of October, 2015. 3