§ Mr. BakerTo ask the Minister of Agriculture, Fisheries and Food if he will specify those tests and trials conducted in respect of genetically modified seeds, which fall under(a) Regulation 11(1) of the Seeds (National List of Varieties) Regulations 1982, (b) Regulation 11(2) of those Regulations, (c) Regulation 11(3) of those Regulations, (d) Regulation 11A of those Regulations, (e) Regulation 12(2) of the Plant Breeders' Rights Regulations 1978, (f) any other specified statutory provision and (g) no statutory provision. [41516]
§ Mr. RookerPlant Varieties are tested for Distinctness, Uniformity and Stability (DUS) for the purposes of National Listing and plant breeders' rights. The main agricultural species are also trialled, for National List purposes only, to establish whether they have Value for Cultivation and Use (VCU). These requirements apply to all varieties, regardless of whether they are genetically modified or not, although genetically modified varieties cannot be entered in tests and/or trials unless a consent to release has been granted by the Secretary of State in accordance with the Environmental Protection Act 1990 and the Genetically Modified Organisms (Deliberate Release) Regulations 1992, as amended. The tests and trials must also comply with any conditions imposed in release consents.
Tests and trials conducted on plant varieties under the provisions specified are:
- (a) DUS tests and VCU trials are conducted pursuant to Regulation 11(1) of the Seeds (National Lists of Varieties) Regulations 1982 (the 1982 Regulations).
- (b) No tests or trials are conducted pursuant to Regulation 11(2) of the 1982 Regulations.
- (c) Regulation 11(3) of the 1982 Regulations requires applicants to submit the results of their own value trials on varieties with their National List applications. However, experience has shown that this information is of little value in assessing National List applications and the Department has not required applicants to comply with these provisions since 1995.
- (d) Ministers have licensed the British Society of Plant Breeders Ltd. to conduct VCU trials for National List purposes for varieties of the main species of cereals, fodder plants, legumes and winter oilseed rape and linseed, under Regulation 11A of
199 the 1982 Regulations. Similarly, Ministers have licensed the British Sugar Beet Seed Producers Association to undertake VCU trials in respect of sugar beet varieties entered for National Listing. - (e) The Controller of Plant Breeders' Rights has not required any applicant for plant breeders' rights in respect of a genetically modified variety to undertake his or her own tests or trials, pursuant to Regulation 12(2) of the Plant Breeders' Rights Regulations 1978 (as amended). (These Regulations were repealed by the Plant Breeders' Rights Regulations 1998 on 8 May 1998).
- (f) There are no other statutory tests or trials conducted pursuant to the 1982 Regulations or plant breeders' rights legislation. However, Regulation 32 of the 1982 Regulations enables plant breeders to undertake their own tests and trials before submitting a National List application. It also enables National List applicants to undertake their own tests and trials and to multiply seed varieties while a National List application is under consideration. These are commercial matters for the applicant, provided he or she complies with the 1982 Regulations and (in the case of a genetically modified variety) with all conditions attached to the release consent.
- (g) As part of the normal co-operation between testing authorities, the United Kingdom Plant Variety Rights Office is undertaking tests for Distinctness, Uniformity and Stability on behalf of the Belgian authorities in respect of 11 genetically modified oilseed rape varieties.
§ Mr. BakerTo ask the Minister of Agriculture, Fisheries and Food if he will list the tests and trials which have been or are being conducted in respect of genetically modified seeds; and if he will place the results in the Library. [41515]
§ Mr. RookerThe Department undertakes statutory tests and trials on plant varieties in respect of applications for plant breeders' rights or addition to the National List. Tests for Distinctness, Uniformity and Stability (DUS) are undertaken in respect of applications for plant breeders' rights under the Plant Varieties Act 1997 (the Plant Varieties and Seeds Act 1964, which preceded the 1997 Act, also required DUS tests). Tests for DUS and trials to establish Value for Cultivation and Use (VCU) are undertaken in respect of applications for National Listing. The Department is currently considering 13 applications for plant breeders' rights, 11 applications for addition to the National List and 9 combined plant breeders' rights/National List applications in respect of plant varieties which are genetically modified organisms.
The species concerned are as follows:
Varieties Plant breeders' rights only Oilseed Rape 13 National List only Oilseed Rape 5 Sugar Beet 5 Maize 1 Combined plant breeders' rights/National List applications Oilseed Rape 9 As yet, no reports of tests or trials have been finalised. When a DUS test undertaken for the purpose of assessing an application for plant breeders' rights is completed, a proposed decision on the variety concerned will be published in the Plant Varieties and Seeds Gazette. At the same time, a description of the variety will be placed on 200W the public register and a copy of the DUS report will be publicly available in accordance with Regulation 12 and 13 of the Plant Breeders' Rights Regulations 1998 (the first DUS reports are expected to be publicly available in July of this year).
Reports of DUS tests undertaken solely for the purposes of assessing National List applications, and results of VCU trials, will be available on request to my Department, once tests and trials are complete for a variety and a proposed decision on whether or not it should be added to the National List has been published in the Plant Varieties and Seeds Gazette.
I am taking steps to ensure that the Plant Varieties and Seeds Gazette is placed in the Library of the House on a regular basis. Hon. Members may then obtain copies of reports in respect of any variety which is of interest to them.
§ Mr. BakerTo ask the Minister of Agriculture, Fisheries and Food if seed trials and tests in connection with national seed listing applications are also regarded by his Department as seed trials and tests in connection with plant breeders' rights applications, and vice versa. [41522]
§ Mr. RookerVarieties entered for plant breeders' rights under the Plant Varieties Act 1997 (and the legislation which preceded it) are tested for Distinctness, Uniformity and Stability (DUS). Varieties entered for National Listing are also tested for DUS. A DUS test undertaken for plant breeders' rights purposes is acceptable for National List purposes. In most circumstances, a DUS test initially undertaken for National List purposes is also acceptable for plant breeders' rights. There may, however, be isolated instances when a DUS test undertaken initially for National List purposes is not entirely acceptable for assessing an application for plant breeders' rights. This is because Distinctness must be established in an international context for plant breeders' rights, whereas for National List purposes, it needs to be established only in comparison with varieties on a National List of another Member State or on the Common Catalogue.
§ Mr. BakerTo ask the Minister of Agriculture, Fisheries and Food if applicants for national seed listings must submit the results of seed trials and tests to his Department in connection with applications for national seed listing. [41521]
§ Mr. RookerNo.