8. The Seeds (Amendment etc.) (Wales) (EU Exit) Regulations 2019

Part of the debate – in the Senedd at 5:01 pm on 22 October 2019.

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Photo of Lesley Griffiths Lesley Griffiths Labour 5:01, 22 October 2019

Diolch, Llywydd. I move the motion. These regulations amend two pieces of domestic legislation: the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 and the Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019. Part 2 of these regulations enables Welsh Ministers to authorise the marketing of fruit plant and propagating material from any country outside the EU, if satisfied that material has been produced under conditions equivalent to those required in domestic legislation. Part 3 of these regualtions ensures the amendment made by Part 2 continues to operate effectively after the withdrawal of the UK from the EU. 

We are debating the regulations today following the Constitutional and Legislative Affairs Committee's consideration and subsequent recommendation for them to be approved by a resolution of the National Assembly. This follows a technical point raised in the committee's report relating to their view that, by not overtly stating the new time limit of 31 December 2022 for the authorisation of the said marketing, the regulations would not appropriately implement European law on the date the implementing legislation is made. I am informed the approach adopted by these regulations will ensure they appropriately implement European law when they are made and, all things being equal, they will continue to appropriately do so until 1 January 2023.

The approach adopted by these regulations is reasonable in light of the current uncertainty surrounding EU exit and the regularity of the European and domestic review of plant legislation. In addition, it is in line with the approach taken in England, with whom we share the services of the animal and plant health agency, who undertake operational functions in relation to plant varieties and seeds on behalf of the Welsh Ministers and the Secretary of State.