The title of these Regulations is the Seed Potatoes (Wales) (Amendment) Regulations 2010. They come into force on 17 August 2010 and apply in relation to Wales.

(1)    The Seed Potatoes (Wales) Regulations 2006 are amended as follows.

(2)    For paragraph 4 of Schedule 1, substitute—

(1)    No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of any class unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—

(a)    is land which, as a result of a soil test carried out by the Welsh Ministers prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);

(b)    is not demarcated under Schedule 15 to the Plant Health (Wales) Order 2006 as infested with a European population of Potato Cyst Nematode; and

(c)    has not been used for growing potatoes at any time during the 7 years immediately preceding the planting of the crop.

(2)    But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.”.

(3)    For paragraph 7 of Schedule 1, substitute—

(1)    No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as basic seed potatoes of any class unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—

(a)    is land which, as a result of a soil test carried out by the Welsh Ministers prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);

(b)    is not demarcated under Schedule 15 to the Plant Health (Wales) Order 2006 as infested with a European population of Potato Cyst Nematode; and

(c)    has not been used for growing potatoes at any time during the 5 years immediately preceding the planting of the crop.

(2)    But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.”.

(4)    For paragraph 10 of Schedule 1, substitute—

(1)    No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—

(a)    is land which, as a result of a soil test carried out by the Welsh Ministers prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);

(b)    is not demarcated under Schedule 15 to the Plant Health (Wales) Order 2006 as infested with a European population of Potato Cyst Nematode; and

(c)    has not been used for growing potatoes at any time during the 4 years immediately preceding the planting of the crop.

(2)    But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.”.

(5)    In Schedule 3, Part II—

(a)    in columns 3 and 4, for the symbol “—” opposite “Blight (Phytophthora infestans (Mont.) de Bary)”, substitute the symbol “)”;

(b)    in column 3, for “3.0%” in relation to Groups III, IV and V in column 1, substitute “5.0%”; and

(c)    in column 4, for “4.0%” in relation to Groups II, III, IV and V in column 1, substitute “5.0%”.

(6)    In Schedule 3, Part III—

(a)    in column 3, for “4.0%” in relation to Groups III and IV in column 1, substitute “5.0%”; and

(b)    in column 4, for “4.0%” in relation to Groups II, III, IV and V in column 1, substitute “5.0%”.

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

12 July 2010

These Regulations amend the Seed Potatoes (Wales) Regulations 2006 (SI 2006/2929 (W 264) by substituting paragraphs 4, 7 and 10 of Schedule 1. They provide that a growing crop certificate cannot be issued with a statement that seed potatoes are capable of being marketed as pre-basic, basic or certified seed potatoes unless the land in which they are grown is free from Potato Cyst Nematode and has not been demarcated under Schedule 15 to the Plant Health (Wales) Order 2006 or used for growing potatoes for a specified period.

These Regulations also make minor amendments to the tables in Parts II and III of Schedule 3.

A Regulatory Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.