The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005

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(a) in the definition of "licensed EC crop inspector", for the words "Article 2(5)(a)(iii)" there shall be substituted the words "Article 2(5)A(a)(iii)";

(b) for the definition of "licensed EC seed testing station" there shall be substituted the following definition—

" "licensed EC seed testing station" means a seed testing laboratory authorised by the competent seed certification authority in another member State, pursuant to Article 2(5)B(a) of the Oil and Fibre Plant Seed Directive, to carry out seed testing in that member State;";

(c) for the definition of "licensed third country seed testing station" there shall be substituted the following definition—

" "licensed third country seed testing station" means a seed testing laboratory authorised by the approved seed certification authority in an equivalent third country, pursuant to—
(a) in the case of seed other than soya bean seed, Rule 6(4)(2)(3) of, and Appendix 8B to, the OECD Crucifer and Oil and Fibre Seed Scheme, and

(b) in the case of soya bean seed, Rule 6(4)(2)(3) of, and Appendix 8B to, the OECDto carry out seed testing in that country;";



(d) for the definition of the "OECD Decision" there shall be substituted the following definition—

" "OECD Decision" means the Decision of the OECD Council revising the OECD Schemes for Varietal Certification or the Control of Seed Moving in International Trade[4] as last amended by OECD Council Decision C(2005)38;"; and

(e) for the definition of "the Oil and Fibre Plant Seed Directive" there shall be substituted the following definition—

" "the Oil and Fibre Plant Seed Directive" means Council Directive 2002/57/EC[5] on the marketing of oil and fibre plant seed as last amended by Council Directive 2004/117/EC[6];".

    (3) In regulation 8(1)—

(a) in sub-paragraph (f), after the word "flax" there shall be inserted the words "or linseed"; and

(b) in sub-paragraph (j), after the word "flax" there shall be inserted the words "or linseed".

    (4) In regulation 8(3)(d), after the word "flax" there shall be inserted the words "or linseed".

    (5) In regulation 8(17)—

(a) in subparagraph (b), after the word "flax" there shall be inserted the words "or linseed";

(b) in subparagraph (c), the word "linseed" shall be deleted;

(c) in subparagraph (g), after the word "flax" there shall be inserted the words "or linseed";

(d) in subparagraph (h), the word "linseed" shall be deleted;

(e) in subparagraph (k), after the word "flax" there shall be inserted the words "or linseed";

(f) in subparagraph (l), the word "linseed" shall be deleted; and

(g) in subparagraph (m), after the word "flax" there shall be inserted the words "or linseed".

    (6) In regulation 10(6)(f), after the word "flax" there shall be inserted the words "and linseed".

    (7) In regulation 11(1)(f), after the word "flax" there shall be inserted the words "or linseed".

    (8) In regulation 11(14)—

(a) in subparagraph (a), after the word "flax" there shall be inserted the words "or linseed";

(b) in subparagraph (b), the word "linseed" shall be deleted;

(c) in subparagraph (e), after the word "flax" there shall be inserted the words "or linseed";

(d) in subparagraph (f), the word "linseed" shall be deleted;

(e) in subparagraph (i), after the word "flax" there shall be inserted the words "or linseed";

(f) in subparagraph (j), the word "linseed" shall be deleted; and

(g) in subparagraph (k), after the word "flax" there shall be inserted the words "or linseed".

    (9) In Schedule 1—

(a) in paragraph 1(1)(b)(iv) of Part I, after the word "flax" there shall be inserted the words "or linseed";

(b) in paragraph 13(1)(b)(iv) of Part II, after the word "flax" there shall be inserted the words "or linseed";

(c) in paragraph 35(b)(ii) of Part III, after the word "flax" there shall be inserted the words "or linseed";

(d) for subparagraph (i) of paragraph 43(2)(b) of Part III, there shall be substituted the following subparagraph—


" (i) in the case of flax or linseed, for the production of C3 seed or for purposes other than the production of oil and fibre plant seed";



(e) in paragraph 43(2)(b)(ii) of Part III, the words "linseed and" shall be deleted; and

(f) in paragraph 50 of Part III, after the word "flax" there shall be inserted the words "or linseed".

    (10) In Schedule 4—

(a) in Part I, after entry (b)(iii) in the table at paragraph 3 there shall be inserted the following entry—

" (b)(iv) C3 linseed            97.5"; and

(b) in Part II—


(i) in the first column of the table at paragraph 7(1), for the words "Linseed—basic, C1 and C2 seed" there shall be substituted the words "Linseed—basic, C1, C2 and C3 seed"; and

(ii) in the first column of the table at paragraph 8, for the words "Basic, C1 and C2 seed of linseed" there shall be substituted the words "Basic, C1, C2 and C3 seed of linseed".

    (11) In Schedule 5—

(a) in entry 1(f) of column (1), after the word "flax" there shall be inserted the words "and linseed";

(b) in entry 1(f) of column (2), after the word "flax" there shall be inserted the words "and linseed";

(c) in entry 2(f) of column (1), after the word "flax" there shall be inserted the words "and linseed"; and

(d) in entry 2(f) of column (2), after the word "flax" there shall be inserted the words "and linseed".

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

25th September 2005

[2] 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 as amended by S.I. 2003/3101 and S.I. 2004/2388.back

[4] C(2000)146/Final.back

[5] O.J. No. L193, 20.7.2002, p74.back

[6] O.J. No. L14, 18.1.2005, p18.back