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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2003/20033101.html

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2003 No. 3101

SEEDS, ENGLAND

The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003

  Made 1st December 2003 
  Laid before Parliament 2nd December 2003 
  Coming into force 31st December 2003 

The Secretary of State for Environment, Food and Rural Affairs in exercise of the powers conferred upon her by sections 16(1), (1A), (2), (3), (4), (5), (5A) and 36 of the Plant Varieties and Seeds Act 1964[1], 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 2003, and shall come into force on 31 December 2003.

Amendment of the Oil and Fibre Plant Seed (England) Regulations 2002
     2.  - (1) The Oil and Fibre Plant Seed (England) Regulations 2002[2] shall be amended in accordance with the following provisions of this regulation.

    (2) In regulation 2(1), for the definition of "the Oil and Fibre Plant Seed Directive" there shall be substituted the following definition - 

    (3) In regulation 3, after the definition of "flax" there shall be inserted the following definition - 

    (4) In regulation 6(3)(b), the words "or turnip rape" shall be deleted.

    (5) In regulation 8(1) - 

    (6) In regulation 8(3) - 

    (7) In regulation 8(17) - 

    (8) In regulation 10(6) - 

    (9) In regulation 11(1) - 

    (10) In regulation 11(14) - 

    (11) In regulation 26(12)(b) for the words "in accordance with the provisions of paragraph 6(d) of the Annex to Commission Decision 95/232/EC as extended by Council Directive 2002/68/EC" there shall be substituted the words - 

    (12) In Schedule 1 - 

    (13) In Schedule 2 after paragraph 3 there shall be inserted the following paragraph - 

    (14) In Schedule 3 - 

    (15) In Schedule 4 - 



(e) after the table in paragraph 7(1) there shall be inserted the following footnote - 

(f) in the table in paragraph 8 after the entry for flax there shall be inserted the following entry - 


(g) in the table in paragraph 9(1), after the entry for flax there shall be inserted the following entry - 


(h) in Part III, paragraph 10 the words "or turnip rape" shall be deleted.

    (16) In the table in Schedule 5 - 

    (17) In the table in Schedule 7 after the entry for flax there shall be inserted the following entry - 


    (18) In Schedule 8 - 

    (19) In the table in Schedule 10 after the entry for grey label there shall be inserted the following entry - 

Consequential Amendments
     3. The Seed (Registration, Licensing and Enforcement) (England) Regulations 2002[6] shall be amended in accordance with the following provisions of this regulation - 

    (1) In regulation 2(1), for paragraph (d) of the definition of "the Seed Marketing Directives" there shall be substituted the following paragraph - 

    (2) In regulation 2(1), for paragraph (d) of the definition of "the Seed Marketing Regulations" there shall be substituted the following paragraph - 

    (3) In Schedule 5 - 



Ben Bradshaw
Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs

1st December 2003


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Oil and Fibre Plant Seed (England) Regulations 2002 (SI 2002/3174) (the "2002 Regulations").

The amendments to the 2002 Regulations give effect in England to Commission Directive 2003/45/EC amending Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants (O.J. No. L138, 5.6.2003, p40) and Commission Decision 2003/234/EC amending Decision 74/360/EEC as regards the United Kingdom's exemption from applying to hemp (Cannabis sativa) (O.J. No. L86, 3.4.2003, p48).

Regulation 2 - 

Regulation 3 makes consequential amendments to the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002, S.I. 2002/3176.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies 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 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.

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); functions previously conferred on the Minister are now vested in the Secretary of State (see section 38(1) for a definition of "the Minister"); under the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), 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

[2] S.I. 2002/3174.back

[3] O.J. No. L193, 20.7.2002, p. 74.back

[4] O.J. No. L195, 24.7.2002, p. 32.back

[5] O.J. No. L138, 5.6.2003, p. 40; by virtue of Commission Decision 2003/234/EC (O.J. No. L86, 3.4.2003, p48), amending Decision 74/360/EEC, Council Directive 2002/57/EC now applies to the marketing in the United Kingdom of seed of hemp plants.back

[6] S.I. 2002/3176.back

[7] O.J. No. L193, 20.7.2002, p. 74.back

[8] O.J. No. L138, 5.6.2003, p. 40; by virtue of Commission Decision 2003/234/EC (O.J. No. L86 3.4.2003, p48) amending Decision 74/360/EEC, Council Directive 2002/57/EC now applies to the marketing in the United Kingdom of seed of hemp plants.back

[9] S.I. 2002/3174.back

[10] S.I. 2003/3101.back


ISBN 0 11 048254 9


  Prepared 9 December 2003

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