The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003
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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.
(ii) for the words "a hybrid of sunflower, swede rape or turnip rape" there shall be substituted the words -
(b) in sub-paragraph (d) after the word "linseed" there shall be
inserted the words ", monoecious hemp";
(ii) after the words "a hybrid" the words "of sunflower, swede rape or turnip rape" shall be deleted; (e) in sub-paragraph (h) after the word "linseed" there shall be
inserted the words ", monoecious hemp"; and (6) In regulation 8(3) -
(b) in sub-paragraph (a)(ii) the words "of sunflower, swede rape or turnip rape" shall be deleted; (c) in sub-paragraph (b) after the word "linseed" there shall be inserted the words ", monoecious hemp"; and (d) in sub-paragraph (c) after the word "linseed" there shall be inserted the words ", monoecious hemp". (7) In regulation
8(17) -
(b) in sub-paragraph (d) -
(ii) the words "used in the production of sunflower, swede rape or turnip rape" shall be deleted; (c) in sub-paragraph (e) the words "of sunflower, swede rape or
turnip rape" shall be deleted;
(ii) after the words "a hybrid variety" the words "of sunflower, swede rape or turnip rape" shall be deleted; (f) in sub-paragraph (j) after the words "a hybrid variety" the
words "of sunflower, swede rape or turnip rape" shall be deleted;
and (8) In regulation
10(6) -
(b) in sub-paragraph (d) after the word "linseed" there shall be inserted the words ", monoecious hemp"; (c) in sub-paragraph (e) after the word "linseed" there shall be inserted the words ", monoecious hemp". (9) In regulation
11(1) -
(b) in sub-paragraph (d) after the word "linseed" there shall be inserted the words ", monoecious hemp"; and (c) in sub-paragraph (e) after the word "linseed" there shall be inserted the words ", monoecious hemp". (10) In regulation
11(14) -
(b) in sub-paragraph (c) -
(ii) for the words "other than a hybrid of sunflower, swede rape or turnip rape" there shall be substituted the words -
(c) in sub-paragraph (d) after the words "a hybrid variety" the
words "of sunflower, swede rape or turnip rape" shall be
deleted;
(ii) after the words "a hybrid variety" the words "of sunflower, swede rape or turnip rape" shall be deleted; (f) in sub-paragraph (h) after the words "a hybrid variety" the
words "of sunflower, swede rape or turnip rape" shall be deleted;
and (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 -
(bb) in paragraph (b)(i) after the words "brown mustard," there shall be inserted the words "dioecious hemp,"; (cc) in paragraph (b)(ii) after the word "linseed" there shall be inserted the words ", monoecious hemp"; and (dd) in paragraph (b)(iii) after the word "linseed" there shall be inserted the words ", monoecious hemp"; and (ii) in sub-paragraph (2) after the words "a hybrid variety"
the words "of sunflower, swede rape or turnip rape" shall be
deleted; (b) in Part II, paragraph 13 -
(bb) after the words "a hybrid" the words "of sunflower, swede rape or turnip rape" shall be deleted; (cc) in paragraph (b)(i) after the words "brown mustard," there shall be inserted the words "dioecious hemp,"; (dd) in paragraph (b)(ii) after the word "linseed" there shall be inserted the words ", monoecious hemp"; and (ee) in paragraph (b)(iii) after the word "linseed" there shall be inserted the words ", monoecious hemp"; (ii) in sub-paragraph (2) -
(bb) after the words "inbred line" the words "of sunflower" shall be deleted; and (iii) in sub-paragraph (3) after the words "hybrid variety" the
words "of sunflower" shall be deleted; (c) in Part III -
(bb) after the word "hybrids" the words "of sunflower, swede rape and turnip rape" shall be deleted; (ii) in paragraph 35 after the word "linseed" there shall be
inserted the words ", monoecious hemp"; (d) in Part V, paragraph 64(3)(c) after the words "a hybrid
variety" the words "of sunflower, swede rape or turnip rape" shall
be deleted. (13) In Schedule 2 after paragraph 3 there
shall be inserted the following paragraph -
(14) In Schedule 3 -
(b) in the table in paragraph 2 -
(bb) after the words "hybrids of swede rape" the words "and turnip rape" shall be deleted; and (ii) in entry (b) in column 1 after the words "of swede rape"
the words "and turnip rape" shall be deleted; (c) after entry (c)(iii) in the table at paragraph 2 there shall
be inserted the following entry -
(ii) for the production of CS seed 1,000 metres."; (d) in paragraphs 5 and 6 the words "of sunflower" shall be
deleted;
(b) one per 10 square metres for the production of C1 and C2 seed."; (g) after paragraph 9 there shall be inserted the following
paragraph -
(ii) in the case of a male component of a simple hybrid; 0.1%; and (iii) in the case of a female component of a simple hybrid; 0.2%; and (b) for the production of CS seed -
(ii) in the case of a female component; 1.0%.". (h) in paragraph 10 -
(ii) for the words "at least 98%" shall be substituted the words -
(i) in paragraph 12(6) the words "or turnip rape" shall be
deleted. (15) In Schedule 4 -
(b) for the table in paragraph 3 there shall be substituted the following table:
(d) in the table in paragraph 7(1) after the entry for flax there shall be inserted the following entry -
(f) in the table in paragraph 8 after the entry for flax there
shall be inserted the following entry -
(16) In the table in Schedule
5 -
(ii) in sub-paragraph (d) after the word "linseed" there shall be inserted the words ", monoecious hemp"; and (iii) in sub-paragraph (e) after the word "linseed" there shall be inserted the words ", monoecious hemp"; (b) in paragraph 1 in Column (2) -
(ii) in sub-paragraph (d) after the word "linseed" there shall be inserted the words ", monoecious hemp"; and (iii) in sub-paragraph (e) after the word "linseed" there shall be inserted the words ", monoecious hemp"; (c) in paragraph 2 in Column (1) -
(ii) in sub-paragraph (d) after the word "linseed" there shall be inserted the words ", monoecious hemp"; and (iii) in sub-paragraph (e) after the word "linseed" there shall be inserted the words ", monoecious hemp"; (d) in paragraph 2 in Column (2) -
(ii) in sub-paragraph (d) after the word "linseed" there shall be inserted the words ", monoecious hemp"; and (iii) in sub-paragraph (e) after the word "linseed," there shall be inserted the words ", monoecious hemp"; (e) in paragraph 3 in Column (1) the words "In the case of
sunflower, swede rape or turnip rape" shall be deleted; (17) In the table in Schedule 7 after the
entry for flax there shall be inserted the following
entry -
(b) in Part VI, paragraph 24 -
(ii) in sub-paragraph (k) the word "number" shall be replaced by the word "weight". (19) In the table in Schedule 10 after the
entry for grey label there shall be inserted the following
entry -
Consequential Amendments (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 -
(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 -
(b) repeals the specific numerical varietal identity, varietal purity and crop standards for hybrids of turnip rape; (c) repeals the specific numerical varietal identity and varietal purity standards for self-incompatible hybrids of swede rape; (d) introduces crop standards for hybrids of swede rape; (e) removes the provision for an application to be made for the field inspection of a late entered crop of hybrid swede rape; (f) amends labelling requirements for varietal associations; (g) includes hemp seeds within the scope of the 2002 Regulations; and (h) introduces specific standards for hemp. Regulation 3 makes consequential amendments to the Seed
(Registration, Licensing and Enforcement) (England) Regulations 2002,
S.I. 2002/3176. 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 [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 [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
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