Exiting The European Union PART 1 Introductory Citation and commencement 1 1 These Regulations may be cited as the Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019. 2 They come into force as follows— a as regards this Part and Part 2, 21 days after the day on which these Regulations are laid; b as regards Parts 3 to 5, on exit day. Extent 1A Regulation 3 extends to England and Wales and Scotland. PART 2 Amendments made to out of date references The Seeds (National Lists of Varieties) Regulations 2001 2 1 The Seeds (National Lists of Varieties) Regulations 2001 are amended as follows. 2 In regulation 2(1), for the definition of “the Novel Foods Regulation” substitute— “ the Novel Foods Regulation ” means Council Regulation (EC) No 258/97 concerning novel foods and novel food ingredients , as it applied immediately before 18 April 2004; ; 3 In Schedule 1, in Part 2, in paragraph 2— a for the table headed “Agricultural crop species” substitute— Agricultural crop species Name Common Name Alopecurus pratensis L Meadow foxtail Arachis hypogaea L Groundnut (peanut) Avena strigosa Schreb Black oat, Bristle oat Biserrula Biserrula Carthamus tinctorius L Safflower Carum carvi L Caraway Cynodon dactylon (L) Pers Bermuda grass Galega orientalis Lam Fodder galega Gossypium spp Cotton Hedysarum coronarium L Sulla Lathyrus cicera Chickling vetch/Dwarf chickling vetch Medicago doliata Straight-spined medic Medicago italica Disc medic Medicago littoralis Shore medic/Strand medic Medicago murex Sphere medic Medicago polymorpha Bur medic Medicago rugosa Wrinkled medic/Gama medic Medicago scutellata Snail medic/Shield medic Medicago truncatula Barrel medic Ornithopus compressus Yellow serradella Ornithopus sativus Serradella Oryza sativa L Rice Papaver somniferum L Poppy Phacelia tanacetifolia Benth California bluebell Phalaris aquatica L Harding grass, Phalaris Phalaris canariensis L Canary grass Plantago lanceolata Ribwort plantain Poa palustris L Swamp meadowgrass Sorghum bicolor (L) Moench Sorghum Sorghum sudanense (Piper) Stapf Sudan grass Sorghum bicolor ( L) Moench x Sorghum Sudanese (Piper) Stapf. Hybrids resulting from the crossing of Sorghum bicolor and Sorghum Sudanese Trisetum flavescens (L) P Beauv Golden oatgrass Trifolium alexandrinum L Berseem, Egyptian clover Trifolium fragiferum Strawberry clover Trifolium glanduliferum Glandular clover Trifolium hirtum Rose clover Trifolium incarnatum L Crimson clover Trifolium isthmocarpum Moroccan clover Trifolium michelianum Balansa clover Trifolium resupinatum L Persian clover Trifolium squarrosum Squarrose clover Trifolium subterraneum Subterranean clover Trifolium vesiculosum Arrow-leaf clover Trigonella foenum-graecum L Fenugreek Vicia benghalensis Purple vetch b after the table headed “Vegetable species” insert— Vine species Name Common Name Vitis Vine PART 3 Amendments relating to withdrawal from the European Union The Seeds (National Lists of Varieties) Regulations 2001 3 1 The Seeds (National Lists of Varieties) Regulations 2001 are amended as follows. 2 In regulation 2— a in paragraph (1)— i omit the definition of “the Commission Regulation”; ii in the definition of “the relevant legislation”, in sub-paragraph (c), for paragraphs (i) and (ii) substitute— i in relation to material authorised before IP completion day — aa the 1990 Directive, or bb the Deliberate Release Directive; and ii in relation to material authorised after IP completion day — aa in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 ; bb in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 ; cc in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 ; dd in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 . ; iii in the definition of “varietal association”, in both places where it occurs, omit “or a Common Catalogue”; iv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b omit paragraph 5. 3 In regulation 3(3)(b), for “to third countries” substitute “ from the United Kingdom ” . 4 In regulation 4(3)(b)— a for “Member State” substitute “ country, the Channel islands or the Isle of Man ” ; b for “state” substitute “ place ” . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In regulation 6— a in paragraph (2)— i in sub-paragraph (a), for the words from “European Union” to the end substitute “ United Kingdom is precluded by a prior right of a third party ” ; ii in sub-paragraph (c), for “article 4 of the Commission Regulation” substitute “regulation 3 of the Plant Breeders' Rights (Naming and Fees) Regulations 2006 ”; iii in sub-paragraph (e), omit “in a member State”; b in paragraph (3)— i in sub-paragraph (a), for the words from “, as defined” to the end substitute “ of a member of the International Union for the Protection of New Varieties of Plants ” ; ii in sub-paragraph (b) omit the words from “, a list” to the end; iii in sub-paragraph (c), in the words before paragraph (i), for the words from “those” to the end substitute “ these Regulations, in a country ” ; iv in sub-paragraph (d) omit the words from “, on a list” to the end; c in paragraph (4), for “a third” substitute “ another ” . 7 In regulation 8— a in paragraph (2), for “European Union” substitute “ United Kingdom and available comparable varieties accepted onto the national lists of countries outside the United Kingdom which have comparable varietal listing procedures and similar growing conditions ” ; b in paragraph (3)— i omit “also”; ii for “not known in the European Union” substitute “ in addition to those specified in paragraph (2) ” . 8 In regulation 11— a in paragraph (2)— i in sub-paragraph (a)— aa for “a Common Catalogue” substitute “ the GB Variety Lists ” ; bb for the words from “that an” to the end substitute “ published by the appropriate authority that ” ; ii in sub-paragraph (b), for “a Common Catalogue” substitute “ the GB Variety Lists ” ; iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b in paragraph (4)— i in sub-paragraph (a), omit “ or a Common Catalogue; or”; ii omit sub-paragraph (b); c in paragraph (5), omit “or a Common Catalogue”. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 In regulation 14— a in paragraph (2), for the words from “the Common” to “Marketing Directive” substitute “ these Regulations ” ; b in paragraph (3), for the words from “European Union” to the end substitute “ United Kingdom ” . 11 In Schedule 2, in Part 1, in paragraph 1— a in sub-paragraph (1), for “European Union” substitute “ United Kingdom or accepted onto an official register of plant varieties corresponding to a GB Variety List in a country outside the United Kingdom with similar growing conditions ” ; b for sub-paragraph (3) substitute — 3 Where, at the time when an application for acceptance of a variety is duly made, a variety is known in the United Kingdom (or accepted onto an official register of plant varieties corresponding to a GB Variety List in a country outside the United Kingdom with similar growing conditions), but when that application is determined the variety is no longer known in the United Kingdom (or accepted onto that official register), that variety must be disregarded for the purpose of determining distinctness as part of that application. . 12 In Schedule 2, in Part 3, omit paragraph (c). PART 4 Amendment of retained direct EU legislation relating to withdrawal from the European Union Commission Regulation (EC) 217/2006 4 1 Commission Regulation 217/2006 laying down rules for the application of Council Directives 66/401/EEC , 66/402/EEC , 2002/54/EC , 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination is amended as follows. 2 Before Article 1 insert— Article A1 1 In this Regulation— “ the appropriate authority ” means— in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers; in relation to Scotland, the Scottish Ministers; ... “the Department of Agriculture” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland; “responsible authority” means— in relation to shortages in supply of fodder seed, any authority who, in relation to any part of Great Britain, is the appropriate authority and, in relation to Northern Ireland, the Department of Agriculture, and is the Secretary of State if consent is given by— in relation to Wales, the Welsh Ministers; in relation to Scotland, the Scottish Ministers; in relation to Northern Ireland, the Department of Agriculture; in relation to shortages in supply of seed other than fodder seed, any authority who, in relation to any part of Great Britain, is the appropriate authority and is the Secretary of State if consent is given by— in relation to Wales, the Welsh Ministers; in relation to Scotland, the Scottish Ministers; “ the Seeds Marketing Regulations ” means— in relation to England, the Seed Marketing Regulations 2011 ; in relation to Wales, the Seed Marketing (Wales) Regulations 2012 ; in relation to Scotland— the Vegetable Seeds Regulations 1993 ; the Oil and Fibre Plant Seed (Scotland) Regulations 2004 ; the Cereal Seed (Scotland) Regulations 2005 ; the Fodder Plant Seed (Scotland) Regulations 2005 ; and the Beet Seed (Scotland) (No 2) Regulations 2010 ; in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016 . . 3 In Article 1— a for paragraph 1 substitute— 1 This Regulation lays down the rules applying to requests for permission temporarily to market seed which does not satisfy the requirements in respect of minimum germination in accordance with the Seeds Marketing Regulations. ; b in paragraph 2, for the words from “Directives” to the end substitute “ Seeds Marketing Regulations ” . 4 In Article 2— a for paragraph 1 substitute— 1 Interested suppliers or supplier organisations affected by supply difficulties of fodder seed in the United Kingdom, or of seed other than fodder seed in Great Britain, and wishing to be authorised temporarily to market seed not satisfying the requirements in respect of minimum germination must submit to a responsible authority a request setting out the information referred to in Article 3. That authority must thereupon notify the other responsible authorities of the request. ; b in paragraph 2— i in the words before sub-paragraph (a), for the words “other Member” to “requesting Member State” substitute “ the other responsible authorities may notify the authority to whom the request was made ” ; ii in sub-paragraph (b), for “Directives referred to in Article 1(1)” substitute “ Seeds Marketing Regulations ” ; c for paragraph 3 substitute— 3 Seeds covered by the request up to the quantity requested may be marketed in the territory of the authority without satisfying the requirements of the Seeds Marketing Regulations if, within the period referred to in paragraph 2— a no offers or objections are notified to the authority to whom the request was made, or b where any offers are made, that authority and the responsible authority or authorities making those offers agree that the offers are unsuitable. The authority to whom the request was made must publish the conditions under which the marketing is authorised, including the quantity allowed. ; d omit paragraph 4. 5 In Article 3(e), for “of the requesting Member State” substitute “ in the United Kingdom ” . 6 In Article 4— a for the words from “Without” to “Article 1(1)” substitute “ In addition to any labelling required under the Seeds Marketing Regulations ” ; b for “those Directives” substitute “ the relevant Seeds Marketing Regulations ” . 7 In Article 5— a in paragraph 1— i in the words before point (a), for “Member States” substitute “ responsible authorities ” ; ii in point (b), omit “for the Community”; b omit paragraphs 2 and 3. 8 Omit the words after Article 6. Commission Decision 80/512/EEC 5 1 Commission Decision 80/512/EEC authorising the Kingdom of Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom not to apply the conditions laid down in Council Directive 66/401/EEC on the marketing of fodder plant seed, as regards the weight of the sample for the determination of seed of Cuscuta is amended as follows. 2 Before Article 1 insert— Article A1 In this Decision, “ the appropriate authority ” means— a in relation to England, the Secretary of State; b in relation to Wales, the Welsh Ministers; c in relation to Scotland, the Scottish Ministers; d in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs. . 3 In Article 1— a in paragraph 1— i for the words from “The Kingdom of Denmark” to “authorized” substitute “ The appropriate authorities may decide ” ; ii omit “for them”; iii for “the Member State concerned” substitute “ the territory in relation to which they have responsibility ” ; b omit paragraph 2. 4 Omit Article 3. 5 In the Annex, omit paragraphs 1 to 4. Council Decision 2003/17/EC 6 1 Council Decision 2003/17/EC on equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries is amended as follows. 2 Before Article 1 insert— Article A1 1 In this Decision, “ the Seeds Marketing Regulations ” means— a in relation to England, the Seed Marketing Regulations 2011; b in relation to Wales, the Seed Marketing (Wales) Regulations 2012; c in relation to Scotland— i in relation to vegetable seed, the Vegetable Seeds Regulations 1993; ii in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004; iii in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005; iv in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005; v in relation to beet seed, the Beet Seed (Scotland) (No 2) Regulations 2010; d in relation to Northern Ireland in relation to fodder seed, the relevant provisions of , the Seed Marketing Regulations (Northern Ireland) 2016. a “country granted equivalence” means a country that has been assessed by, in relation to England, the Secretary of State, in relation to Wales, the Welsh Ministers, and in relation to Scotland, the Scottish Ministers that the seed from that country is produced under conditions equivalent to the requirements in the Seeds Marketing Regulations for seed to which those Regulations apply. . 3 In Article 1— a after “Decision” insert “and, in relation to Northern Ireland, field inspections concerning seed-producing crops of the species specified in Directive 66/401/EEC on the marketing of fodder plant seed only”; b omit “third”; c for “Directives 66/401/EEC , 66/402/EEC , 2002/54/EC , 2002/55/EC and 2002/57/EC ” substitute “the Seeds Marketing Regulations”; 3A In Article 2— a after “Decision”, in the first place where it occurs, insert “and, in relation to Northern Ireland, seed of the species specified in Directive 66/401/EEC on the marketing of fodder plant seed only”; b omit “third”; c for “Directives 66/401/EEC , 66/402/EEC , 2002/54/EC , 2002/55/EC and 2002/57/EC ” substitute “the Seeds Marketing Regulations”; 4 In Article 3— a in paragraph 1— i for “Community”, in both places where it occurs, substitute “ United Kingdom ” ; ii for “Directives 66/401/EEC , 66/402/EEC , 2002/54/EC , 2002/55/EC and 2002/57/EC ” substitute “ the Seeds Marketing Regulations ” ; iii omit the second paragraph. b in paragraph 2— i for “Community” substitute “ United Kingdom ” ; ii for “EC labels shall be used only” substitute “labels shall be used stating, in relation to fodder seed, “UK rules and standards”, and in relation to all other seed “GB rules and standards” only” iii in point (a)— aa for “Member States” substitute “ the United Kingdom ” ; bb for “third countries” substitute “ countries listed in Annex 1 ” ; iv in point (b)— aa for “small EC” substitute “ beet, fodder or vegetable seed, small ” ; bb for “Directives 66/401/EEC , 2002/54/EC or 2002/55/EC ” substitute “ the Seeds Marketing Regulations ” . 5 Omit Article 7. 6 In Annex 2— a in paragraph A— i in the heading, for “third countries” substitute “ countries listed in Annex 1 ” ; ii in point 3, in the first indent, omit “Member State or third”; b in paragraph B— i in the heading, for “third countries” substitute “ countries listed in Annex 1 ” ; ii in point 1, in the second subparagraph, for “Community rules” substitute “ the Seeds Marketing Regulations ” ; iii in point 2.1, for “laid down in” substitute “ specified by the Seeds Marketing Regulations and ” ; iv in point 3.1, in the first indent— aa for “Community rules” substitute “ the Seeds Marketing Regulations ” ; bb for “EC rules and standards” substitute “in relation to fodder seed – “UK rules and standards”, and in relation to all other seed “GB rules and standards”; v in point 3.2, for “Community law” substitute “, in relation to fodder seed, the law of the United Kingdom, and in relation to seed other than fodder seed, the law of Great Britain”; vi in point 3.5, for the words from “at least” to the end substitute “ English and may also be given in other languages ” ; vii in point 5— aa in the first sub-paragraph, for “the Community”, in both places where it occurs, substitute “United Kingdom”; bb for the second sub-paragraph substitute— In the case of basic seed of other varieties, the seed of the preceding generations shall have been produced— under the responsibility of the persons responsible for the maintenance of the variety referred to in the GB Variety Lists pursuant to regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001 or the NI Variety Lists pursuant to legislation having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001; in a country which has been granted equivalence of checks on practices for the maintenance of varieties under Council Decision 2005/834/EC ; or in a country granted equivalence and under the responsibility of the persons responsible for the maintenance of the variety. . viii in point 6— aa in the first indent, for “Community,” substitute “ United Kingdom ” ; bb in the second indent, omit “third” and, at the end, insert “ or ” ; cc after the second indent, insert— “ in a country granted equivalence. ” . Council Decision 2005/834/EC 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission Implementing Decision 2012/340/EU 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission Implementing Decision 2014/150/EU 9 1 Commission Implementing Decision 2014/150/EU on the organisation of a temporary experiment providing for certain derogations for the marketing of populations of the plant species wheat, barley, oats and maize pursuant to Council Directive 66/402/EEC is amended as follows. 2 Before Article 1 insert— Article A1 In this Decision-- “ the appropriate authority ” means— in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers; in relation to Scotland, the Scottish Ministers; ... “ responsible authority ” means any authority who, in relation to any part of Great Britain , is the appropriate authority. . 3 In Article 1(1) omit “at Union level”. 4 In Article 3— a in the heading omit “of Member States”; b for “Member State” substitute “ responsible authority ” ; c for “Member States”, in each place where it occurs, substitute “ responsible authorities ” ; d in paragraph 2, omit “the Commission and”; e in paragraph 3, for “Commission” substitute “ other responsible authorities ” . 5 In Articles 4, 6, 7, 10, 12 , 13 , 17 and 18— a for “Member State”, in each place where it occurs, substitute “ appropriate authority ” ; b for “Member States”, in each place where it occurs, substitute “ responsible authorities ” ; c for “seed certification authority”, in each place where it occurs, substitute “ appropriate authority ” . 6 In Article 7(4) omit “and the Commission”. 7 In Article 8(1), for “Article 9(6) of Council Directive 2002/53/EC ” substitute “the Plant Breeders' Rights (Naming and Fees) Regulations 2006”. 8 In Article 12(1), for “in the participating Member State” substitute “ in the territory for which the responsible authority in question is the appropriate authority ” . 9 In Article 14, in the words before point (a), for the words from “seed” to “States” substitute “ appropriate authority ” . 10 In Article 18, in paragraphs 1 and 2, omit “the Commission and”. 11 Omit Article 20. 12 In Annex 1— za in point 1, for “EU” substitute “GB”; a in point 2, for “seed certification authority and the Member state” substitute “ appropriate authority ” ; b in point 9, for “Member State” substitute “ Country ” . 13 In Annex 2, in the last subparagraph, for “Member States” substitute “ responsible authorities ” . 14 In Annex 3— a in point (c), for “Member State” substitute “ country ” ; b in point (d), for “Member States” substitute “ responsible authorities ” . Commission Implementing Decision 2017/547/EU 10 1 Commission Implementing Decision 2017/547/EU on the organisation of a temporary experiment under Council Directive 2002/56/EC as regards seed potato tubers derived from true potato seed is amended as follows. 2 In Article 1— a in paragraph (1), omit “at Union level”; b in paragraph (2)(h), for “the Union” substitute “Great Britain”. 3 In Article 2— a for “the Union”, in each place where it occurs, substitute “Great Britain”; b after point (d) insert— e “ appropriate authority ” means— i in relation to England, the Secretary of State; ii in relation to Wales, the Welsh Ministers; iii in relation to Scotland, the Scottish Ministers; iv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f “ responsible authority ” means any authority who, in relation to any part of Great Britain , is the appropriate authority; g “ the Seed Potatoes Regulations ” means— i in relation to England, the Seed Potatoes (England) Regulations 2015 ; ii in relation to Wales, the Seed Potatoes (Wales) Regulations 2016 ; iii in relation to Scotland, the Seed Potatoes (Scotland) Regulations 2015 ; iv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In Article 3— a for “Member State”, in each place where it occurs, substitute “ responsible authority ” ; b for “Commission and the other Member States”, in both places it occurs, substitute “ other responsible authorities ” . 5 In Article 4— a in the first paragraph — i for “Member States” substitute “ responsible authorities ” ; ii for “Directive 2002/56/EC ” substitute “ the Seed Potatoes Regulations, ” ; iii for point (a), substitute— a it is listed in the GB Variety Lists of plant varieties under regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001; ; iv omit point (b); v in point (c), for the words from “pursuant” to the end substitute “ under regulation 4 of the Seeds (National Lists of Varieties) Regulations 2001 ” ; b in the second paragraph— i omit “as referred to in Article 2(b)(i) of Directive 2002/56/EC ”; ii omit the words from “as referred to in Article 2(c)(i)” to the end. 6 In Article 5, in the first paragraph— a in the first place where it occurs, for “Member State” substitute “ responsible authority ” ; b for “participating Member State concerned” substitute “ territory for which the responsible authority concerned is the appropriate authority ” ; c for “certification authority” substitute “ appropriate authority ” . 7 In Article 8(1)— a for “Member State” substitute “ responsible authority ” ; b for “certification authority” substitute “ appropriate authority ” . 8 In Article 9— a in the first paragraph, for “Directive 2002/56/EC ” substitute “ the Seed Potatoes Regulations ” ; b in the last paragraph, for “at least one of the official languages of the Union” substitute “ English and may also be given in other languages ” . 9 In Article 10, in the first paragraph, for “Member States” substitute “ responsible authorities ” . 10 In Article 11, in the first paragraph— a for the words from “certification” to “States” substitute “ responsible authorities ” ; b omit “Without prejudice to Article 23 of Directive 2002/56/EC , ”. 11 In Article 12— a in paragraph 1— i for “responsible official body in the participating Member State” substitute “ appropriate authority ” ; ii for “Member States” substitute “ responsible authorities ” ; iii omit the third sentence; b in paragraphs 2, 3 and 4— i for “Member State”, in each place where it occurs, substitute “ responsible authority ” ; ii for “Commission and the other Member States”, in each place where it occurs, substitute “ other responsible authorities ” . 12 Omit Article 13. 13 In Annex 2— a in paragraph A, for “EU” substitute “ GB ” ; b in paragraph B— i in point 1, for “EU” substitute “ GB ” ; ii in point 2, for “responsible official body and the respective Member State,” substitute “ appropriate authority ” ; iii in point 9, for “Member State” substitute “ Country ” ; c in paragraph C— i in point 1, for “EU” substitute “ GB ” ; ii in point 2, for “responsible official body and the respective Member State” substitute “ appropriate authority ” ; iii in point 7, for “Member State” substitute “ Country ” . 14 In Annex 3, in point 2, omit the words from “, and,” to the end. Amendment of the EEA agreement 11 In Annex 1 to the EEA agreement, in Chapter 3 (Phytosanitary matters), in Section 2 (Application texts), in paragraphs 16, 22, 36 and 39, omit the words from “The provisions of the Decision shall” to the end. PART 5 Revocation of retained direct EU legislation relating to withdrawal from the European Union Revocation of retained direct EU legislation 12 The retained direct EU legislation listed in the Schedule is revoked. Gardiner of Kimble Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs