
1 

(1) These Regulations may be cited as the Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 and, subject to paragraph (2), come into force on 31st March 2017.
(2) Regulations 3(4) and 8 come into force on 6th February 2017.
(3) These Regulations extend to Scotland only.
2 

(1) The Vegetable Seeds Regulations 1993 are amended in accordance with paragraph (2).
(2) In schedule 6 (labels and marking)—
(a) in Part IB (official label for a Package of Basic Seed or for a Package (Other than a Small Package) of Certified Seed), in paragraph (a) (Prescribed contents), after sub-paragraph 2 (Certification Authority and Member State or their mark) insert—“
2A. 
Officially assigned serial number”; and
(b) in Part IC (official label for a Package of Seed not Finally Certified)—
(i) in paragraph (a) (Prescribed contents of the label), after sub-paragraph 1 (Certifying authority), insert—“
1A. 
Officially assigned serial number”; and
(ii) in paragraph (b) (Information required for the document), after sub-paragraph 1 (Certifying authority), insert—“
1A. 
Officially assigned serial number”.
3 

(1) The Oil and Fibre Plant Seed (Scotland) Regulations 2004 are amended in accordance with paragraphs (2) to (5).
(2) In regulation 2(1) (interpretation), for the definition of “Oil and Fibre Plant Seed Directive” substitute—“
 “Oil and Fibre Plant Seed Directive” means Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants;”.
(3) In regulation 7 (mixtures), for “the Fodder Plant Seeds Regulations 1993” substitute “the Fodder Plant Seed (Scotland) Regulations 2005”.
(4) In schedule 4 (requirements for Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation, Certified Seed of the Third Generation and Commercial Seed), in Part II (conditions relating to Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation, Certified Seed of the Third Generation and Commercial Seed), in paragraph 10(a) (standards for varietal purity) for entry (vii) in the table substitute—“
(vii) Hybrid varieties of swede rape produced using male sterility and their components— 
(aa) Basic seed, female component 99.0%
(bb) Basic seed, male component 99.9%
(cc) Certified seed of winter swede rape varieties (“winter swede rape varieties” being those varieties of swede rape recorded as winter varieties on the UK National List or in the Common Catalogue) 90.0%
(dd) Certified seed of spring swede rape varieties (“spring swede rape varieties” being those varieties of swede rape recorded as spring varieties on the UK National List or in the Common Catalogue) 85.0%”
(5) In schedule 6, in Part II (labels)—
(a) in paragraph 5 (official label for a package of Basic Seed or Seed of a Certified Generation), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”;
(b) in paragraph 6 (official label for a package of Commercial Seed), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”; and
(c) in paragraph 6A (official label for a package of test and trial seed), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”.
4 

(1) The Cereal Seed (Scotland) Regulations 2005 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 8(2) (mixtures)—
(a) for “Regulation 6(1)(b)(b)” substitute “Regulation 6(1)(b)”; and
(b) for “the Fodder Plant Seeds (Scotland) Regulations 2005” substitute “the Fodder Plant Seed (Scotland) Regulations 2005”.
(3) In schedule 6, Part II (labels)—
(a) in paragraph 5 (official label for a package of Basic Seed or Seed of a Certified Generation), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”;
(b) in paragraph 6 (official label for a package of a mixture of seeds to which regulation 8 applies), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”; and
(c) in paragraph 6A (official label for a package of test and trial seed), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”.
(4) In schedule 9 (definition of Cereal Seed Directive), after the entry for “Commission Implementing Directive (EU) 2015/1955” insert—“
Commission Implementing Directive (EU) 2016/317 OJ L 60, 5.3.2016, p.72”
5 

(1) The Fodder Plant Seed (Scotland) Regulations 2005 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 2(1) (interpretation), for the definition of “the Fodder Plant Seed Directive” substitute—“
 “the Fodder Plant Seed Directive” means Council Directive 66/401/EEC on the marketing of fodder plant seed;”.
(3) In regulation 8(1)(b) and (2)(b)(ii) (mixtures), for each occurrence of—
(a) “the Cereal Seed (Scotland) Regulations 2005” substitute “the Cereal Seed (Scotland) Regulations 2005”;
(b) “the Oil and Fibre Plant Seed (Scotland) Regulations 2004” substitute “the Oil and Fibre Plant Seed (Scotland) Regulations 2004”; and
(c) “the Vegetable Seeds Regulations 1993” substitute “the Vegetable Seeds Regulations 1993”.
(4) In schedule 6, in Part II (labels)—
(a) in paragraph 5 (official label for a package of Basic Seed or Seed of a Certified Generation), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”;
(b) in paragraph 6 (official label for a package of Commercial Seed), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”;
(c) in paragraph 6A (official label for a package of test and trial seed), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”; and
(d) in paragraph 7 (official label for a package of a mixture of seeds to which regulation 8 applies), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”.
6 

(1) The Beet Seed (Scotland) (No. 2) Regulations 2010 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 2(1) (interpretation), for the definition of “the Beet Seed Directive” substitute—“
 “the Beet Seed Directive” means Council Directive 2002/54/EC on the marketing of beet seed;”.
(3) In schedule 6 (labelling), in Part II (labels)—
(a) in paragraph 5 (official label for a package of Basic Seed or Certified Seed), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”; and
(b) in paragraph 6 (official label for a package of test and trial seed), after sub-paragraph (a)(ii) insert—“
(iia) officially assigned serial number;”.
7 

(1) The Seed Potatoes (Scotland) Regulations 2015 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 2(1) (interpretation), for the definition of “Council Directive 2002/56/EC” substitute—“
 “Council Directive 2002/56/EC” means Council Directive 2002/56/EC on the marketing of seed potatoes;”.
(3) In schedule 5 (official labels)—
(a) in paragraph 2(2)(c) (basic seed potatoes), after the entry “Certification authority and member State or their initials” insert—“Officially assigned serial number;”; and
(b) in paragraph 3(2)(d) (test and trial seed potatoes), after the entry “Certification authority and member State or their initials;” insert—“Officially assigned serial number;”.
8 

(1) The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 2(1) (interpretation)—
(a) for the definition of “the Seed Marketing Directives” substitute—“
 “the Seed Marketing Directives” means—
(a) Council Directive 66/401/EEC on the marketing of fodder plant seed;
(b) Council Directive 66/402/EEC on the marketing of cereal seed;
(c) Council Directive 2002/54/EC on the marketing of beet seed;
(d) Council Directive 2002/55/EC on the marketing of vegetable seed; and
(e) Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants;”; and
(b) for the definition of “the Seed Marketing Regulations” substitute—“
 “the Seed Marketing Regulations” means—
(a) in relation to vegetable seed, the Vegetable Seeds Regulations 1993;
(b) in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004;
(c) in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005;
(d) in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005; and
(e) in relation to beet seed, the Beet Seed (Scotland) (No. 2) Regulations 2010;”.
(3) In regulation 15 (right to make representations)—
(a) in paragraph (2) after “licence holder” insert “or, as the case may be, the person refused a licence”;
(b) in paragraph (6) after “licence holder” insert “or, as the case may be, the person refused a licence,”; and
(c) in paragraph (7) after “licence holder” insert “or, as the case may be, the person refused a licence”.
FERGUS EWING
A member of the Scottish Government
St Andrew’s House,
Edinburgh
20th December 2016