1 Title, extent and commencement

These Regulations may be cited as the Seeds (Fees) (Amendment) (England) Regulations 2000, shall extend to England and shall come into force on 7th July 2000.

NOTES
Initial Commencement
Specified date

Specified date: 7 July 2000: see above.

2 Amendment

2Amendment

For Schedules 1 to 6 to the Seeds (Fees) Regulations 1985 there shall be substituted the Schedules set out in the Schedule to these Regulations.

NOTES
Initial Commencement
Specified date

Specified date: 7 July 2000: see reg 1.

Signature

HAYMAN

Minister of State

Ministry of Agriculture, Fisheries and Food

7th June 2000

SCHEDULE Provisions to be Substituted for the Schedules to the Seeds (Fees) Regulations 1985

SCHEDULE  Provisions to be Substituted for the Schedules to the Seeds (Fees) Regulations 1985 Regulation 2“SCHEDULE 1
Matters Arising under the Cereal Seeds Regulations 1993 Regulation 3
(1)(2)(3)
MatterWhen payableFee £Old fee £
A Initial fees
Initial fee per hectare or part thereof for crops intended to produce:On application for registration
(i) pre-basic or basic seed 25.85(24.60)
(ii) certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize 6.50(6.20)
(iii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats 5.80(5.50)
B Crop inspections
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined.On application12.90(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation or certified seed of the second generation, per hectare or part thereof examined.On application12.90(—)
C Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under F. below) in respect of a seed lot entered as:—On application
(i) breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize 42.70(40.65)
(ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats 21.30(20.30)
D Seed testing fees
Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined)Within one month of demand by or on behalf of the appropriate Minister37.50(35.70)
E Fees for additional tests
Fee for a Tetrazolium seed viability test in C1 Winter Wheat and C1 Winter BarleyWithin one month of demand by or on behalf of the appropriate Minister44.00(41.90)
F Seed lot re-entry fee
Fee for the issue of an official certificate in respect of a seed lot which has entered for one category and has been withdrawn and is being re-entered as:—On application
(i) pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize 29.85(28.45)
(ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats 14.90(14.20)
SCHEDULE 2
Matters arising under the Fodder Plant Seeds Regulations 1993 Regulation 3
(1)(2)(3)
MatterWhen payableFee £Old fee £
A Initial fees
Initial fee per hectare or part thereof for crops intended to produce:On application for registration
(i) pre-basic or basic seed of—
(a) grasses, legumes (except field beans and field peas) and crucifers 19.45(18.50)
(b) field beans and field peas 16.80(16.00)
(ii) certified seed of grasses, legumes (except field beans and field peas) and crucifers 9.10(8.65)
(iii) certified seed of the first and second generation of field beans and field peas 7.75(7.40)
B Crop inspection fee
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined (including crops of hybrid swede rape and hybrid turnip rape).On application12.90(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or the equivalent list in another Member State) intended to produce certified seed of grasses, legumes (except field beans and field peas) and crucifers or certified seed of the first generation and certified seed of the second generation of field beans and field peas per hectare or part thereof examined.On application12.90(—)
C Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered as:—On application
(i) breeder's seed of—
(a) grasses, legumes (except field beans and field peas) and crucifers 34.95(33.30)
(b) field beans and field peas 56.90(54.20)
(ii) pre-basic or basic seed of—
(a) grasses, legumes (except field beans and field peas) and crucifers 66.00(62.85)
(b) field beans and field peas 56.90(54.20)
(iii) certified seed of grasses, legumes (except field beans and field peas) and crucifers 66.00(62.85)
(iv) certified seed of the first and second generation of field beans and field peas 53.05(50.50)
(v) commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993 58.20(55.45)
D Seed lot re-entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:—On application
(i) pre-basic or basic seed of—
(a) grasses, legumes (except field beans and field peas) and crucifers 46.20(44.00)
(b) field beans and peas 39.85(37.95)
(ii) certified seed of grasses, legumes (except field beans and field peas) and crucifers 46.20(44.00)
(iii) certified seed of the first and second generation of field beans and peas 37.10(35.35)
(iv) commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993 40.75(38.80)
SCHEDULE 3
Matters arising under the Oil and Fibre Plant Seeds Regulations 1993 Regulation 3
(1)(2)(3)
MatterWhen payableFee £Old fee £
A Initial fees
Initial fee per hectare or part thereof for crops intended to produce:On application for registration
(i) pre-basic or basic seed 28.50(27.15)
(ii) all other categories of seed 13.60(12.95)
B Crop inspection fees
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined.On application12.90(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed of the third generation, per hectare or part thereof examined.On application12.90(—)
C Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under E. below) in respect of a seed lot entered as:—On application
(i) breeder's, pre-basic or basic seed 51.75(49.30)
(ii) all other categories of seed 51.75(49.30)
D Seed testing fees
Fees for an official examination of seed for:—Within one month of demand by or on behalf of the appropriate Minister
(i) sunflower for Botrytis spp 43.95(41.85)
(ii) flax and linseed for:—
(a) Alternaria spp
(b) Phoma exiqua var linicola
(c) Colletotrichum lini
(d) Fusarium spp
(e) Botrytis spp 36.15(34.45)
(iii) soya bean for Pseudomonas syringae pv glycinea spp
for one sub-sample test 63.00(60.00)
for five sub-sample tests 210.00(200.00)
(iv) soya bean for Diaporthe phaselorum spp 39.40(37.50)
E Seed lot re-entry feeOn application36.25(34.50)
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category
SCHEDULE 4
Matters arising under the Beet Seeds Regulations 1993 Regulation 3
(1)(2)(3)
MatterWhen payableFee £Old fee £
A Initial fees
Initial fee per hectare or part thereof for crops intended to produce:On application for registration
(i) pre-basic or basic seed 33.65(32.05)
(ii) certified seed 15.55(14.80)
B Crop inspection fees
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed per hectare or part thereof examinedOn application12.90(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, per hectare or part thereof examined.On application12.90(—)
C Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D below) in respect of a seed lot entered as—On application
(i) pre-basic or basic seed 63.40(60.40)
(ii) certified seed 62.05(59.10)
D Seed lot re-entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:—On application
(i) pre-basic or basic seed 44.40(42.30)
(ii) certified seed 43.45(41.40)
SCHEDULE 5
Matters arising under the Vegetable Seeds Regulations 1993 Regulation 3
(1)(2)(3)
MatterWhen payableFee £Old fee £
A Initial fees
Initial fee for crops intended to produce:On application for registration
(i) pre-basic or basic seed of—
(a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered 45.25(43.10)
(b) peas and broad beans per hectare or part thereof entered 28.50(27.15)
(c) cucumber, gherkin and tomato, per crop entered 45.25(43.10)
(ii) certified seed of—
(a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered 24.50(23 35)
(b) peas and broad beans per hectare or part thereof entered 11.65(11.10)
(c) cucumber, gherkin and tomato, per crop entered 24.50(23.35)
B Crop inspection fees
Fee for official examination or re-examination of crops intended to produce:On application
(i) A(i)(a) or (b) above, per hectare or part thereof examined 12.90(12.30)
(ii) A(i)(c) above, per crop examined 12.90(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce:On application
(i) A(ii)(a) or (b) above, per hectare or part thereof examined 12.90(—)
(ii) A(ii)(c) above, per crop examined 12.90(—)
C Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot enteredOn application103.50(98.55)
D Seed lot re-entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any categoryOn application72.45(69.00)
SCHEDULE 6
Matters arising under the Seeds (Registration, Licensing and Enforcement) Regulation 1985 Regulation 3
(1)(2)(3)
MatterWhen payableFee £Old fee £
A Representations by, and hearings of a seed merchant, processor or packer
(i) Fee for making written representations to the MinisterOn making representations32.35(30.80)
(ii) Fee for being heard by a person appointed by the MinisterOn applying to be heard64.70(61.60)
B Licensed Seed Testing Stations
(i) Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year)Within one month of demand by the Minister, annually in advance2,135.00(2,033.00)
(ii) Fee payable by a Licensed Seed Testing Station in respect of an official examination of seedWithin one month of demand by the Minister, annually in arrears9.20(8.75)
C Examination fees
(i) Examination for crop inspector in respect of
—cereals,
—field beans, field peas and pulses, or
—grasses and herbage legumes.
(a) examinationBefore the examination149.95(142.80)
(b) re-sit of examination (other than cereals)Before the examination149.95(142.80)
(c) re-sit of either part of cereals examinationBefore the examination74.95(71.40)
(d) re-testBefore the examination74.95(71.40)
(ii) Examination for crop inspector in respect of
—sugar beet, or
—fodder and oil crucifers; turnips; fodder beet and mangels; flax and linseed; soya bean,
(a) examinationBefore the examination93.70(89.25)
(b) re-sit of examinationBefore the examination93.70(89.25)
(c) re-testBefore the examination74.95(71.40)
(iii) Examination for seed samplerBefore the examination93.70(89.25)”
NOTES
Initial Commencement
Specified date

Specified date: 7 July 2000: see reg 1.

Seeds97 Plant Breeders & Varieties97 Intellectual Property Law97

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the Seeds (Fees) Regulations 1985 (as amended). They prescribe revised fees in respect of matters arising under the Cereal Seeds Regulations 1993 (as amended), the Fodder Plant Seeds Regulations 1993 (as amended), the Oil and Fibre Plant Seeds Regulations 1993 (as amended), the Beet Seeds Regulations 1993 (as amended), the Vegetable Seeds Regulations 1993 (as amended) and the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (as amended) (regulation 2).

The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which are chargeable before these Regulations came into force are printed in italics besides the revised fees. New fees have been introduced for crop examinations of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed for the third generation.

All fees have been increased by 5 per cent rounded to the nearest five pence except in the case of the annual fee for Licensed Seed Testing Stations which has been rounded to the nearest £1.

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 Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.

Seeds98 Plant Breeders & Varieties98 Intellectual Property Law98