S.I. No. 229/1976 - European Communities (Seed of Oil Plants and Fibre Plants) Regulations, 1976.

I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 69/208/EEC of 30 June, 1969, as amended, hereby make the following regulations:

1 Short title and commencement

1. These Regulations may be cited as the European Communities (Seed of Oil Plants and Fibre Plants) Regulations, 1976, and shall come into operation on the 15th day of October, 1976.

2 Interpretation

2. (1) In these Regulations—

"Annex I" means Annex I to the directive, which Annex is contained in the Schedule hereto;

"Annex II" means Annex II to the directive, which Annex is contained in the Schedule hereto;

"Annex III" means Annex III to the directive, which Annex is contained in the Schedule hereto;

"Annex IV" means Annex IV to the directive, which Annex is contained in the Schedule hereto;

"authorised officer" means an officer of the Minister authorised in writing by the Minister for the purpose of these Regulations;

"basic seed" means seed which,

( a ) has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety,

( b ) is intended for the production of certified seed of any category,

( c ) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and Annex II for basic seed, and

( d ) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

"certified seed", except in the expression "certified seed of the first generation", "certified seed of the second generation", "certified seed of the third generation" and "certified seed of any category", means, except where the context otherwise requires, seed of turnip rape or swede rape which,

( a ) has been produced directly from pre-basic seed or basic seed,

( b ) is intended for purposes other than the production of seed of oil plants or fibre plants,

( c ) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and Annex II for certified seed, and

( d ) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

"certified seed of any category" means seed which is certified seed, certified seed of the first generation, certified seed of the second generation, or certified seed of the third generation;

"certified seed of the first generation" means seed of flax or linseed which,

( a ) has been produced directly from pre-basic seed or basic seed,

( b ) is intended either for,

(i) the production of certified seed of the second generation or of certified seed of the third generation, or

(ii) purposes, other than the production of seed of oil plants or fibre plants,

( c ) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and Annex II for certified seed of the first generation, and

( d ) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

"certified seed of the second generation" means seed of flax or linseed which,

( a ) has been produced directly from pre-basic seed, basic seed or certified seed of the first generation,

( b ) is intended either for,

(i) the production of certified seed of the third generation, or

(ii) purposes other than the production of seed of oil plants or fibre plants,

( c ) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and Annex II for certified seed of the second generation, and

( d ) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

"certified seed of the third generation" means seed of flax or linseed which,

( a ) has been produced directly from pre-basic seed, basic seed, certified seed of the first generation or certified seed of the second generation,

( b ) is intended for purposes other than the production of seed of oil plants or fibre plants,

( c ) subject to Regulation 6 of these Regulations satisfies the conditions laid down in Annex I and Annex II for certified seed of the second generation, and

( d ) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

"common catalogue" means the Common Catalogue of Varieties of Agricultural Plant Species published from time to time by the Commission of the European Communities in the Official Journal of the European Communities;

"the directive" means Council Directive No. 69/208/EEC of 30th June, 1969¹as amended by Council Directive No. 71/162/EEC of 30th March, 1971², Council Directive No. 72/274/EEC of 20th July, 1972³, Council Directive No. 72/418/EEC of 6th December, 1972⁴, Act of Accession⁵ and Council Decision of 1st January, 1973⁶, Council Directive No. 73/438/EEC of 11th December, 1973⁷ and Council Directive No. 75/444/EEC of 26th June, 1975^8;

^1. OJ No. L 169/3,10 July, 1969.

^2. OJ No. L 87/24,17 April, 1971.

^3. OJ No. L 171/37, 29 July, 1972.

^4. OJ No. L 287/22, 26 December, 1972.

^5. OJ Special Edition p. 14, 27 March, 1972.

^6. OJ No. L 2/1, 1 January, 1973.

^7. OJ No. L 356/79, 27 December, 1973.

^8. OJ No. L 196/6, 26 July, 1975.

"Member State" means a Member State of the European Communities;

"the Minister" means the Minister for Agriculture and Fisheries;

"national catalogue" means the National Catalogue of Agricultural Plant Varieties maintained by the Minister pursuant to and in accordance with Regulations made by him under the European Communities Act, 1972 (No. 27 of 1972);

"official", other than in the expression " official authority " or " official language ", refers to any work or measure carried out by an official authority in connection with such work;

"official authority" means the authority officially designated by a Member State to carry out work in connection with the certification, examination, sampling or sealing of seed of oil plants or fibre plants or any other work or measures relevant to the provisions of the directive or these Regulations, or any similar authority in a third country;

"oil plants and fibre plants" means any one or more or all of the plants of the following genera and species intended for agricultural production:

and "oil plants" or "fibre plants" shall be construed accordingly, and in addition to the foregoing this definition shall not be construed as including oil and fibre plants intended for use for ornamental purposes;

"pre-basic seed" means seed of oil plants or fibre plants of generations prior to basic seed which,

( a ) has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety,

( b ) is intended for the production of pre-basic seed, basic seed or certified seed of any category,

( c ) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and Annex II for basic seed, and

( d ) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

"statute" has the same meaning as in section 3 of the Interpretation Act, 1937 (No. 38 of 1937);

"third country" means a country or territory which is not a Member State.

(2) Any reference in these Regulations to place on the market or to marketing includes a reference to barter, offer or expose for sale by wholesale or retail, have in possession for sale by wholesale or retail and invite to buy, and kindred words shall be construed accordingly.

(3) A word or expression that is used in these Regulations and is also used in the directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the directive.

3 Application

3. These Regulations shall apply to seed of oil plants and fibre plants other than such seed which is shown to the satisfaction of the Minister to be intended for export to a third country.

4 Official Authority

4. The Minister, or any person or body authorised by the Minister for the purpose, shall be the official authority for the State for the purposes of these Regulations and of the directive.

5 Marketing and Sale

5. (1) Subject to Regulation 6 of these Regulations and to paragraph (2) of this Regulation, seed of oil plants or fibre plants shall not be placed on the market unless—

( a ) the seed is a variety which is,

(i) a variety registered in the common catalogue and as regards which there is not in that catalogue an entry indicating that a prohibition on the marketing of the variety in the State has been authorised and is in force. or

(ii) a variety registered in the national catalogue, and

( b ) it has been officially certified as pre-basic seed, basic seed or certified seed of any category, and it satisfies the conditions laid down in Annex II, and

( c ) the seed is in sufficiently homogeneous lots and in packages complying with the requirements of these Regulations, and

( d ) in case the seed is harvested in a third country, it is of a kind to which the declaration contained in Article I of the Fifth Council Decision on the Equivalence of Seed Produced in Third Countries (OJ No. L 162 of 23rd June, 1976) relates.

(2) The requirements of paragraph (1) of this Regulation shall not apply to the following seed of oil plants and fibre plants, namely:

( a ) seed intended for tests or scientific purposes,

( b ) seed intended for selection work,

( c ) seed which has not been processed and which is marketed for processing, and as regards which the official authority is satisfied that appropriate measures have been taken to ensure the identity of the seed.

6 Derogation from Certification and Marketing Provisions

6. (1) Subject to Regulation 10 of these Regulations, the Minister may authorise the certification and marketing of pre-basic seed and basic seed which does not satisfy the conditions laid down in Annex II in respect of germination; provided that the supplier of the seed guarantees a specific germination for the seed which guaranteed germination shall be shown on a special label giving the name and address of the supplier and the reference number of the relevant lot of seed.

(2) ( a ) Subject to Regulation 10 of these Regulations and to subparagraph (b) of this paragraph, the Minister may, where the official examination in respect of germination pursuant to Annex II has not concluded, authorise the official certification of pre-basic seed, basic seed or certified seed of any category and the marketing of those categories of seed by way of trade as far as the first buyer,

( b ) the powers conferred on the Minister by subparagraph (a) of this paragraph shall be exercised by the Minister subject to the following conditions:

(i) a provisional analytical report on the seed, which should include the germination of the seed, shall be sent to the official authority by the supplier of the seed,

(ii) the name and address of the first buyer shall be given to the official authority by such supplier,

(iii) such supplier shall furnish to such buyer a guarantee which satisfies the Minister of the germination given in the said provisional analytical report, and

(iv) the germination so guaranteed shall be stated on a special label bearing the name and address of such supplier and the reference number of the relevant lot of seed.

(3) The Minister may for such period as he shall specify authorise the marketing of seed of a variety which is not registered in the national catalogue but which is registered in a catalogue of a Member State which corresponds to the national catalogue.

(4) The Minister may, where the Commission makes a decision in that regard, authorise the marketing, for a period specified in the decision, of seed of a category specified in the decision subject to less stringent requirements than those of these Regulations for pre-basic seed, basic seed or certified seed of any category, or of seed of varieties included neither in the common catalogue nor in the national catalogue.

(5) The foregoing provisions of this Regulation, other than paragraph (4), shall not apply to seed imported from a third country unless such seed has been produced directly from pre-basic seed, basic seed, certified seed of the first generation or certified seed of the second generation and certified as such in the State.

7 Sealing

7. (1) Packages of pre-basic seed, basic seed and certified seed of any category shall be officially sealed in such a manner that when the package is opened the seal is damaged and cannot be re-attached.

(2) Packages mentioned in paragraph (1) of this Regulation shall not be re-sealed (on one or more occasions) unless this is done officially. If any such package is officially re-sealed, the fact of re-sealing, the date of re-sealing and the authority responsible therefor shall be stated on the label required under Regulation 8 of these Regulations.

8 Labelling

8. (1) Packages of basic seed and certified seed of any category shall be labelled on the outside with an official label in one of the official languages of the European Communities conforming to the specification contained in Annex IV and the label shall bear thereon the month and year in which the package to which the label relates is officially sealed. The label may be adhesive and when adhesive may be used also to close the package, and in case the label is not so used, an official sealing device shall be used to close the package. The label shall be white for basic seed, blue for certified seed and certified seed of the first generation, and red for certified seed of the second generation or certified seed of the third generation. In addition to the foregoing, when the seed in the package has been certified pursuant to Regulation 6 (1) of these Regulations, the germination of the seed shall be stated on the label.

(2) Packages to which paragraph (1) of this Regulation applies shall contain an official document, being of the same colour as the label of the package, giving the information specified in subparagraphs 4, 5 and 6 of paragraph A (a) of Annex IV and required by this Regulation for the label.

(3) The requirements of paragraph (2) of this Regulation shall not apply to a package to which paragraph (1) hereof applies if,

( a ) the information mentioned therein is indelibly printed on the package, or

( b ) an adhesive label is used on the package, or

( c ) a tear-resistant label is attached to the package.

(4) Paragraph (1) of this Regulation shall apply to pre-basic seed subject to the following modifications:

( a ) the colour of the label shall be white with a violet diagonal line,

( b ) the label shall,

(i) give the following information, namely, the species and variety of the seed, the official authority by whom the seed was certified and the Member State by which the authority is designated, the reference number of the relevant lot of seed and the number of generations preceding certified seed or certified seed of the first generation, and

(ii) bear thereon the words " pre-basic seed ".

(5) Where pre-basic seed, basic seed or certified seed of any category has been chemically treated, this fact shall be indicated either on the official label or on a supplier's label and also on the package containing the seed or inside such package.

(6) When the Minister gives an authorisation under Regulation 6 (4) of these Regulations, the official label of any package of seed which is seed to which the authorisation relates shall be,

(i) in case the seed corresponds to pre-basic seed, basic seed or certified seed of any category, of the colour which under these Regulations is appropriate for the seed to which it corresponds,

(ii) in case it does not so correspond, brown,

and in addition to the foregoing such label shall indicate that the marketing of the seed is subject to requirements which are less stringent than those otherwise required by these Regulations.

9 Sampling

9. (1) In the Official examination of seed of oil plants and fibre plants for certification, samples shall be officially drawn both from sufficiently homogeneous lots and in accordance with the International Rules for Seed Testing published by the International Seed Testing Association and the maximum weight of a lot of seed and the minimum weight of a sample shall be as laid down in Annex III.

(2) Where an authorised officer takes a sample of seed pursuant to these Regulations, the provisions of paragraph (1) of this Regulation shall apply as regards the minimum weight of the sample and the sample shall be drawn in accordance with the Rules mentioned in that paragraph.

10 Seed of oil plants and fibre plants marketed in small quantities to the final consumer

10. Notwithstanding the non-compliance with a requirement of these Regulations as to packaging, sealing or marking, seed of oil plants and fibre plants may be marketed at the retail stage to the final consumer in quantities not exceeding 10 kg if, but only if, the seed is taken, in the presence of the purchaser, from the package in which it was packed under official supervision and such package is, when the seed is taken from it, marked in accordance with these Regulations.

11 Registration, etc.

11. (1) The Minister shall, in accordance with the provisions of these Regulations set up and maintain a register to be known as the Register of Processors and Importers of Seed of Oil Plants and Fibre Plants (in these Regulations referred to as the register).

(2) On and from the 1st day of January, 1977, a person shall not carry on the business of a seed processor, a seed importer, or a seed processor and importer unless he is registered in the register as such.

(3) There shall be entered in the register the following particulars, namely:

( a ) the full name, address and description of the person registered therein,

( b ) in case a person is registered therein as a seed processor or a seed processor and importer, a description of the premises in which such person carries on the business of seed processing, which description shall be sufficient to identify those premises and the limits and extent thereof and also the place where the relevant seed of oil plants and fibre plants or of either of them is stored, and

( c ) such other particulars as the Minister, in the circumstances of any particular case, considers relevant.

(4) Any change in the name or address of a person registered in the register shall be notified by him to the Minister.

(5) On the application, in such form and containing such particulars as the Minister may direct, by or on behalf of a person who proposes to carry on the business of a seed processor, seed importer or seed processor and importer, the Minister may register the person in the register as such.

(6) Before the Minister registers any person under paragraph (5) of this Regulation the Minister shall be satisified that there are available to the person such premises and facilities as are adequate to enable the person to carry on the business to which the application relates.

(7) Whenever the Minister proposes to refuse an application for registration in the register he shall, before doing so, notify in writing the applicant for registration of his intention and of the reasons therefor, and, if any representations are made to the Minister by the applicant within seven days after the giving of the notification, the Minister shall consider them.

(8) In this Regulation—

"seed importer" means a person who imports seed of oil plants or fibre plants in any quantity exceeding 2 kg and "importer" shall be construed accordingly;

"seed processor" means a person who assembles, dries, cleans, treats, mixes or otherwise processes seed of oil plants or fibre plants which is intended for sale and " seed processing " shall be construed accordingly.

12 Records, returns etc.

12. (1) Any person who carries on the business of processing or marketing seed of oil plants or fibre plants (including the importation and storage of such seed) shall,

( a ) keep records of his transactions in such seed,

( b ) produce at the request of an authorised officer any such records or any books, documents or other records relating to the said business which are in the possession or under the control of such person,

( c ) permit any such officer to inspect and take extracts from such books, documents or records and give to the officer any information which he may reasonably require in relation to any entries therein,

( d ) afford to any such officer reasonable facilities for inspecting the stock of any such seed on any premises on which such person carries on such a business,

( e ) give to an authorised officer any information he may reasonably require in relation to such transactions including in particular information which he may reasonably require regarding any seed of oil plants or fibre plants specified by him, whether imported from other Member States or from third countries.

(2) A person who imports (whether from another Member State or from a third country) a quantity of seed of oil plants or fibre plants exceeding 2 kg shall, at the time of importation, furnish to the Minister in writing the following particulars regarding the seed, namely, the species, variety, category, country of production, name of the relevant official authority, country of dispatch and quantity of the seed.

13 Powers of authorised officers

13. (1) In addition to the powers conferred by Regulation 12 of these Regulations, an authorised officer may at any reasonable time enter and inspect any premises in which he has reasonable grounds for believing that the business of processing or marketing, or of importing or exporting, seed of oil plants and fibre plants (or either of such plants) is carried on, or any other premises in which he so believes such seed to be kept, being seed which he so believes to have been landed or otherwise brought into the State, or any railway wagon, vehicle, ship, vessel or aircraft in which he so believes such seed to be kept, and any such officer may examine the stock and take samples of any seed of oil plants or fibre plants which he finds in the course of his inspection.

(2) Where a sample is taken pursuant to this Regulation, the authorised officer concerned shall—

( a ) notify forthwith the appropriate person that the sample is so taken, and

( b ) if so required by the appropriate person at the time of giving of the notification, take a second sample, which shall be like the sample already so taken, and mark and leave it with the appropriate person,

and in case a second sample is left pursuant to a requirement under this Regulation, the person making the requirement may cause the sample to be tested, examined or analysed.

(3) Any person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

(4) The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any powers conferred by these Regulations, the officer shall, if requested by any person affected, produce the certificate to that person.

(5) In this Regulation—

" the appropriate person " means,

( a ) in relation to premises, any person who appears to an authorised officer to be, for the time being, in charge of the premises,

( b ) in relation to a railway wagon, vehicle, ship, vessel or aircraft, the owner thereof or person who is for the time being in charge thereof or the agent of such owner.

14 Minister may require certain seed to be disposed of

14. (1) Where a sample of seed is taken pursuant to these Regulations by an authorised officer and is found on official examination not to comply with a requirement of these Regulations, then the Minister may require that the seed shall be destroyed or otherwise disposed of in such manner as the Minister shall determine.

(2) In case the Minister makes a requirement under this Regulation the following provisions shall apply;

( a ) he shall inform in writing of the requirement the person who is in possession or control of the seed to which the requirement relates,

( b ) where such person is so informed, pending the disposal of such seed in accordance with the requirement, the seed shall be moved only with the consent of an authorised officer, and

( c ) such person shall dispose of the seed, or cause or permit it to be disposed of, only in accordance with the requirement.

15 Prosecution of Offences

15. An offence under these Regulations may be prosecuted by the Minister.

16 Penalty

16. A person who contravenes these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

17 Saver

17. Nothing in these Regulations shall be construed as affecting a provision of any statute, whether passed before or after the making of these Regulations, which is a provision for the protection of human life or health, animal life or health, plant life or health, or industrial or commercial property.

SCHEDULE.

ANNEX I.

CONDITIONS FOR CROP CERTIFICATION.

1. The crop shall have sufficient identity and varietal purity.

2. There shall be at least one official field inspection.

3. The cultural condition of the field and the stage of development of the crop shall be such as to permit identity and varietal purity to be adequately checked.

4. The field shall not have had previous cropping of a kind incompatible with the production of seed of the species and variety of the crop.

5. The minimum distances from neighbouring crops of:

These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.

6. Diseases which reduce the usefulness of the seed shall be at the lowest possible level.

ANNEX II.

CONDITIONS TO BE SATISFIED BY THE SEED.

1. Certified seed:

1. The seed shall have sufficient identity and varietal purity.

2. The seed shall also conform to the following:

A. Standards:

Satisfaction of the conditions in respect of minimum varietal purity shall be checked mainly in the field.

B. Notes:

(a) The seed of all species shall be free from Avena fatua and Cuscuta; however, one seed of Avena fatua or Cuscuta in a 100-gramme sample shall not be regarded as an impurity if a second sample of 200 grammes is free from Avena fatua and Cuscuta.

(b) In the case of Brassica campestris ssp. oleifera, Brassica napus ssp. oleifera, Brassica nigra, Brassica juncea and Sinapis alba, not more than one seed of Raphanus raphanistrum shall be present in a 10-gramme sample.

(c) In the case of Brassica campestris ssp. oleifera, Brassica napus ssp. oleifera, Brassica nigra, Brassica juncea and Sinapis alba, the percentage by weight seeds of Sinapis arvensis shall not exceed 0·2.

(d) The number of weed seeds in a 500-gramme sample of Linum usitatissimum seed shall not exceed 35, of which the total number of seeds of Alopecurus myosuroides and Lolium remotum shall not exceed 20.

(e) Cannabis sativa seed must be free from orobanche; however, one seed of orobanche in a 100-gramme sample shall not be regarded as an impurity if a second sample of 200 grammes is free from orobanche.

3. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

(a) In the case of Cannabis sativa, Linum usitatissimum and Helianthus annuus, the number of seeds contaminated by Botrytis shall not exceed 5%.

(b) In the case of Linum usitatissimum, the number of seeds contaminated by diseases other than Botrytis, and in particular by Ascochyta linicola, Colletotrichum lini and Fusarium spec. shall not exceed 5%.

(c) In the case of Gossypium, the number of seeds contaminated by Platyedra gossypiella shall not exceed 1 %.

(d) In the case of Helianthus annuus and Brassica napus oleifera the percentage by weight of sclerotia of Sclerotinia sclerotiorum shall not exceed 0·1%.

II. Commercial seed:

With the exception of item 2 A, column 2, the conditions laid down in Annex II, I shall apply to commercial seed.

ANNEX III

ANNEX IV

LABEL

A. Required information:

(a) For basic seed and certified seed:

1. 'EEC rules and standards'.

2. Certification authority and Member State or their initials.

3. Month and year of official sealing.

4. Reference number of lot.

5. Species.

6. Variety.

7. Category.

8. Country of production.

9. Declared net or gross weight.

10. Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.

(b) For commercial seed:

1. 'EEC rules and standards'.

2. 'Commercial seed (not certified as to variety)'.

3. Certification authority and Member State or their initials.

4. Month and year of official sealing.

5. Reference number of lot.

6. Species.

7. Region of production.

8. Declared net or gross weight.

9. Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.

B. Minimum dimensions:

110 x 67 mm.

GIVEN under my Official Seal, this 4th day of October, 1976.

MARK CLINTON,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

The Regulations—

(1) provide that seed of oil and fibre plants may not be marketed unless it has been certified, sealed and labelled in accordance with the EEC Directives on the marketing of seed of oil and fibre plants;

(2) provide that seed of oil and fibre plants may not be marketed unless it is seed of a variety registered in the National Catalogue or in the EEC Common Catalogue;

(3) provide for the registration by the Minister for Agriculture and Fisheries of any person who carries on the business of processing or importing seed of oil or fibre plants.