1 Title, extent and commencement

These Regulations may be cited as the Seeds (Fees) (Amendment) (Wales) (No 2) Regulations 2002, shall extend to Wales and shall come into force on 23rd July 2002.

NOTES
Initial Commencement
Specified date

Specified date: 23 July 2002: 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: 23 July 2002: see reg 1.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

John Marek

The Deputy Presiding Officer of the National Assembly

18th July 2002

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 payableFeeOld 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 27.15(25.85)
(ii)    certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize 6.85(6.50)
(iii)    certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats 6.10(5.80)
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 examined.On application13.55(12.90)
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 application13.55(12.90)
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 44.85(42.70)
(ii)    certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats 22.35(21.30)
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 Minister39.40(37.50)
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 Minister46.20(44.00)
F 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, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize 31.35(29.85)
(ii)    certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats 15.65(14.90)
SCHEDULE 2
Matters Arising under the Fodder Plant Seeds Regulations 1993 Regulation 3
(1)(2)(3)
MatterWhen payableFeeOld 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 20.40(19.45)
(b)    field beans and field peas 17.65(16.80)
(ii)    certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers 9.55(9.10)
(iii)    certified seed of the first and second generation of field beans and field peas 8.15(7.75)
(iv)    certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne 9.55(9.10)
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 application13.55(12.90)
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 of grasses, legumes, (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers or certified seed of the first generation and certified seed of the second generation of field beans and field peas or certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne per hectare or part thereof examined.On application13.55(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 entered as: —On application
(i) breeder's seed of —
(a)    grasses, legumes (except field beans and field peas) and crucifers 36.70(34.95)
(b)    field beans and field peas 59.75(56.20)
(ii)    pre-basic or basic seed of —
(a)    grasses, legumes (except field beans and field peas) and crucifers 69.30(66.00)
(b)    field beans and field peas 59.75(56.90)
(iii)    certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers 69.30(66.00)
(iv)    certified seed of the first and second generation of field beans and field peas 55.70(53.05)
(ivA)    certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne 69.30(66.00)
(v)    commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993 61.10(58.20)
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 48.50
(b)    field beans and peas 41.85
(ii)    certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers 48.50
(iii)    certified seed of the first and second generation of field beans and peas 42.80(40.75)
(iiiA)    certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne
(iv)    commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993
SCHEDULE 3
Matters Arising under the Oil and Fibre Plant Seeds Regulations 1993 Regulation 3
(1)(2)(3)
MatterWhen payableFeeOld 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 29.95(28.50)
(ii)    all other categories of seed 14.30(13.60)
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 application13.55(12.90)
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 application13.55(12.90)
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 54.35(51.75)
(ii)    all other categories of seed 54.35(51.75)
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 46.15(43.95)
(ii)    flax and linseed for: —
(a)    Alternaria spp
(b)    Phoma exiqua var linicola
(c)    Colletotrichum lini
(d)    Fusarium spp
(e)    Botrytis spp 37.95(36.15)
(iii)    soya bean for Pseudomonas syringae pv glycinea spp for one sub-sample 66.15(63.00)
test for five sub-sample tests 220.50(210.00)
(iv)    soya bean for Diaporthe phaselorum spp 41.35(39.40)
E 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 application38.05(36.25)
SCHEDULE 4
Matters Arising under the Beet Seeds Regulations 1993 Regulation 3
(1)(2)(3)
MatterWhen payableFeeOld 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 35.35(33.65)
(ii)    certified seed 16.35(15.55)
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 application13.55(12.90)
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 application13.55(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 entered as: —On application
(i)    pre-basic or basic seed 66.55(63.40)
(ii)    certified seed 65.15(62.05)
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 46.60(44.40)
(ii)    certified seed 45.60(43.45)
SCHEDULE 5
Matters Arising under the Vegetable Seeds Regulations 1993 Regulation 3
(1)(2)(3)
MatterWhen payableFeeOld 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 47.50(45.25)
(b)    peas and broad beans per hectare or part thereof entered 29.95(28.50)
(c)    cucumber, gherkin and tomato, per crop entered 47.50(45.25)
(ii)    certified seed of —
(a)    all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered 25.75(24.50)
(b)    peas and broad beans per hectare or part thereof entered 12.25(11.65)
(c)    cucumber, gherkin and tomato, per crop entered 25.75(24.50)
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 13.55(12.90)
(ii)    (i)(c) above, per crop examined 13.55(12.90)
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 13.55(12.90)
(ii)    A(ii)(c) above, per crop examined 13.55(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 application108.70(103.50)
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 application76.05(72.45)
SCHEDULE 6
Matters Arising under the Seeds (Registration, Licensing and Enforcement) Regulations 1985 Regulation 3
(1)(2)(3)
Matter When payableFeeOld fee
££
A Representations by, and hearings of, a seed merchant, processor or packer
(i)    Fee for making written representations to the National Assembly for WalesOn making representations33.95(32.35)
(ii)    Fee for being heard by a person appointed by the National Assembly for WalesOn applying to be heard67.95(64.70)
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 National Assembly for Wales annually in advance1,800.00(2,135.00)
(ii)    Fee payable by a Licensed Seed Testing Station in respect of an official examination of seedWithin one month of demand by the National Assembly for Wales, annually in arrears9.65(9.20)
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 examination157.45(149.95)
(b)    re-sit of examination (other than cereals)Before the examination157.45(149.95)
(c)    re-sit of either part of cereals examinationBefore the examination78.70(74.95)
(d)    re-testBefore the examination78.70(74.95)
(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 examination98.40(93.70)
(b)    re-sit of examinationBefore the examination98.40(93.70)
(c)    re-testBefore the examination78.70(74.95)
(iii)    Examination for seed samplerBefore the examination98.40(93.70)”
NOTES
Initial Commencement
Specified date

Specified date: 23 July 2002: see reg 1.

Seeds89 Plant Breeders & Varieties89 Intellectual Property Law89

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 were chargeable before these Regulations came into force are printed in italics beside the revised fees.

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 reduced by £335.

A Regulatory Appraisal has been prepared and copies can be obtained from the National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.

Seeds98 Plant Breeders & Varieties98 Intellectual Property Law98