S.I. No. 232/1976 - European Communities (Cereal Seed) 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. 66/402/EEC of 14 June, 1966, as amended, hereby make the following regulations:

1 Short title and commencement

1. These Regulations may be cited as the European Communities (Cereal Seed) 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 purposes of these Regulations;

"basic seed" means the following seed, being in any case seed which may for the purposes of these Regulations be regarded as being free of the seed of Avena fatua, namely,

( a ) seed of oats, barley, wheat and rye which,

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

(ii) is intended for the production of certified seed, certified seed of the first generation or certified seed of the second generation,

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

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

( b ) seed of open-pollinated varieties of maize which,

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

(ii) is intended for the production of certified seed of the same open-pollinated variety or of top cross hybrids or of intervarietal hybrids,

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

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

( c ) seed of inbred lines of maize which,

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

(ii) has been found on official examination to have satisfied the said conditions,

( d ) seed of simple hybrids of maize which,

(i) is intended for the production of double hybrids, triple-cross hybrids or top cross hybrids,

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

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

"cereals" means plants of the following species intended for agricultural or horticultural production other than production for ornamental purposes:

Avena sativa L.

Hordeum distichum L.

Oats

Hordeum polystichum L.

2-row barley

Secale cereale L.

6-row barley

Triticum aestivum L.

Rye

Triticum durum L.

Common wheat

Zea mays L. except Zea

Durum wheat

mays convar. microsperma

Maize except popcorn and

(Koern) and Zea mays

sweet corn;

convar. saccharata (Koern)

"certified seed", except in the expression "certified seed of the first generation" or "certified seed of the second generation ", means seed of rye and maize which,

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

( b ) may for the purposes of these Regulations be regarded as being free of the seed of Avena fatua,

( c ) is intended for purposes other than the production of cereal seed,

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

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

"certified seed of the first generation" means seed of oats, barley and wheat which,

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

( b ) may for the purposes of these Regulations be regarded as being free of the seed of Avena fatua,

( c ) is intended either for the production of certified seed of the second generation or for purposes other than the production of cereal seed,

( d ) satisifies the condition laid down in Annex I and Annex II for certified seed of the first generation, and

( e ) 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 oats, barley and wheat which,

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

( b ) may be regarded for the purposes of these Regulations as being free of the seed of Avena fatua,

( c ) is intended for purposes other than the production of cereal seed,

( d ) satisifies the condition laid down in Annex I and Annex II for certified seed of the second generation, and

( e ) 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. 66/402/EEC of 14 June, 19661, as amended by Council Directive No. 69/60/EEC of 18 February, 1969,2 Council Directive No. 71/162/EEC of 30 March, 1971,3 Council Directive No. 72/274/EEC of 20 July, 1972,4 Council Directive No. 72/418/EEC of 6 December, 1972,5 Act of Accession6 and Council Decision of 1 January, 1973,7 Council Directive No. 73/438/EEC of 11 December, 1973,8 and Council Directive No. 75/444/EEC of 26 June, 1975;9

1. OJ No. 125/2309, 11 July, 1966.

2. OJ No. L48/1, 26 February, 1969.

3 OJ No. L87/24, 17 April, 1971.

4. OJ No. L171/37, 29 July, 1972.

5. OJ No. L287/22, 26 December, 1972.

6. OJ Special Edition p. 14, 27 March, 1972.

7. OJ No. L2/1, 1 January, 1973.

8. OJ No. L356/79, 27 December, 1973.

9. OJ No. L196/6, 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 the work in connection with the certification, examination, sampling or sealing of cereal seed, or any other work or measures relevant to the provisions of the directive or these Regulations, or any similar authority in a third country;

"pre-basic seed" means cereal seed 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 ) may for the purposes of these Regulations be regarded as being free of the seed of Avena fatua,

( c ) is intended for the production of pre-basic seed, basic seed, certified seed, certified seed of the first generation or certified seed of the second generation,

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

( e ) 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) In these Regulations the following expressions have in relation to varieties of maize the following meanings:

( a ) "double hybrid" means the first generation of a cross, defined by the breeder, between two simple hybrids;

( b ) "inbred line" means a line which is sufficiently uniform and stable, obtained either by artificial self-fertilisation accompanied by selection over several successive generations or by equivalent operations;

( c ) "intervarietal hybrid" means the first generation of a cross, defined by the breeder, between plants grown from basic seed of two open-pollinated varieties;

( d ) "open-pollinated variety" means a variety which is sufficiently uniform and stable;

( e ) "simple hybrid" means the first generation of a cross, defined by the breeder, between two inbred lines;

( f ) "top cross hybrid" means the first generation of a cross, defined by the breeder, between an inbred line or a simple hybrid and an open-pollinated variety;

( g ) "triple-cross hybrid" means the first generation of a cross, defined by the breeder, between an inbred line and a simple hybrid.

(3) 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.

(4) 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 apply to cereal seed other than cereal 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, cereal seed 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, certified seed, certified seed of the first generation or certified seed of the second generation and it satisfies the conditions laid down in Annex II, and

( c ) the moisture content of the seed does not exceed 16% and the seed is in sufficiently homogeneous lots and in packages complying with the requirements of these Regulations, and

( d ) each lot of seed is accompanied by an official certificate issued by an official authority in the country or territory where the seed was certified certifying that,

(i) a sample of the seed has been taken and examined in accordance with Regulation 7 of these Regulations and that the sample has been found to be free of the seed of Avena fatua, and

(ii) where required by the said Regulation 7, a field inspection has been carried out in accordance with the said Regulation and that the relevant crop has been found to be free of Avena fatua, and

( e ) in case the seed is harvested in a third country, it is of a kind to which the declaration contained in Article 1 of the Fifth Council Decision on the Equivalence of Seed Produced in Third Countries (OJ No. L162 of 23 June, 1976) relates.

(2) ( a ) The requirements of paragraph (1) of this Regulation shall not apply to the following cereal seed, namely:—

(i) seed intended for tests or scientific purposes,

(ii) seed intended for selection work,

(iii) 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,

( b ) Notwithstanding paragraph (1) (b) of this Regulation, seed of maize may be placed on the market if the minimum germination of the seed equals or exceeds 85%.

6 Derogation from Certification and Marketing Provisions

6. (1) Subject to Regulation 12 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 12 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 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, certified seed, certified seed of the first generation or certified seed of the second generation, 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 or certified seed of the first generation and certified as such in the State.

7 Certain seed to be regarded as being free of Avena fatua in certain circumstances

7. (1) Cereal seed shall for the purposes of these Regulations be regarded as being free of the seed of Avena fatua if,

( a ) the crop of the relevant cereals is found on an official field inspection to be free of Avena fatua and also if a sample of at least 1 kilogram of the cereal seed is found on an official examination to be free of the seed of Avena fatua, or

( b ) a sample of the cereal seed of at least 3 kilograms is found on official examination to be free of the seed of Avena fatua.

(2) Cereal seed which is produced in the State shall be certified pursuant to these Regulations if, and only if, the crop of the relevant cereals is found on an official field inspection to be free of Avena fatua and also if a sample of at least 1 kilogram of the cereal seed is found on an official examination to be free of the seed of Avena fatua.

8 Sealing

8. (1) Packages of pre-basic seed, basic seed, certified seed, certified seed of the first generation or certified seed of the second generation 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 9 of these Regulations.

9 Labelling

9. (1) Packages of basic seed, certified seed, certified seed of the first generation and certified seed of the second generation 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 have 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. In addition to the foregoing when,

( a ) the package contains seed of maize with a germination not satisfying the standard specified in Annex II,

( b ) the package contains cereal seed 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 3, 4 and 5 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) have thereon the words " pre-basic seed ".

(5) Where pre-basic seed, basic seed, certified seed, certified seed of the first generation or certified seed of the second generation 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 (3) of these Regulations, the official label of any package of seed which is seed to which the authorisation relates shall be,

( a ) in case the seed corresponds to pre-basic seed, basic seed, certified seed, certified seed of the first generation or certified seed of the second generation, of the colour which under these Regulations is appropriate for the seed to which it corresponds,

( b ) 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.

10 Marketing of Mixtures

10. (1) Cereal seed in the form of a mixture which is of seed of various species shall not be marketed unless the components of the mixture comply, before mixing, with the relevant provisions of these Regulations and any other Regulations made under the European Communities Act, 1972 relating to the marketing of seed which is not cereal seed and which apply to them.

(2) Cereal seed in the form of mixtures shall not be marketed unless the seed is in sufficiently homogeneous lots, is accompanied by a certificate required by these Regulations and is in packages complying with the requirements of these Regulations modified as follows, namely, that for the purposes of this paragraph Regulation 9 (1) of these Regulations shall be construed as requiring the label to be green.

11 Sampling

11. (1) In the official examination of cereal seed 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.

12 Cereal seed marketed in small quantities to the final consumer

12. Notwithstanding the non-compliance with a requirement of these Regulations as to packaging, sealing or marking, cereal seed may be marketed at the retail stage to the final consumer in quantities not exceeding 20 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.

13 Registration, etc.

13. (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 Cereal Seed Processors and Importers (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 cereal seed 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 satisfied that—

( a ) 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, and

( b ) in addition to the foregoing, in case the application is for registration as a seed processor or a seed processor and importer, that there is so available such premises and such plant or machinery as will enable the person to process not less than 200 tonnes of cereal seed per year.

(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 cereal seed 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 cereal seed which is intended for sale and " seed processing " shall be construed accordingly.

14 Records, returns, etc.

14. (1) Any person who carries on the business of processing or marketing cereal seed (including the imporation 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 cereal seed 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 cereal seed 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.

15 Powers of authorised officers

15. (1) In addition to the powers conferred by Regulation 14 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 of exporting, cereal seed 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 cereal seed 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 the 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.

16 Minister may require certain seed to be disposed of

16. (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.

17 Prosecution of offences

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

18 Penalty

18. 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.

19 Saver

19. 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. This condition shall apply to inbred lines of maize correspondingly.

2. At least the following number of official field inspections shall be made:

A. For oats, barley, rice, wheat, spelt, rye, canary grass

1

B. For maize, during the flowering season

( a ) Open-pollinated varieties

1

( b ) For the production of certified seed of hybrid varieties

3

( c ) For the production of simple hybrid basic seed

4

( d ) Inbred lines

4

3. The cultural condition of the field and the stage of development of the crop shall be such as to permit an adequate check of identity and varietal purity, of health status and, in the case of maize, of the identity and purity of inbred lines and of emasculation of the production of seed of hybrid varieties.

4. For rye, canary grass and maize, the minimum distances from neighbouring crops of other varieties or inbred lines of the same species and from crops of the same variety or inbred lines which do not comply with the conditions for purity for the production of seed of the same category shall be:

Bsasic seed

Certified seed

(a) Maize

200m

200m

(b) Rye, canary grass

300m

250m

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

5. Diseases which reduce the usefulness of the seed, in particular Ustilagineae, shall be at the lowest possible level.

6. Special conditions for maize

A. The percentage by number of plants showing typical aberrations shall not exceed:

( a ) For basic seed

0·1%

( b ) For the production of certified seed of hybrid varieties

0·2%

( c ) For the production of seed of open-pollinated varieties

0·5%

B. With regard to emasculation for the production of seed of hybrid varieties, the percentage of plants of the female parent ascertained to have emitted pollen shall not exceed 1 at any one official field inspection and shall not exceed 2 in all the official field inspections carried out.

C. In the production of seed of hybrid varieties, all parent plants shall flower sufficiently simultaneously.

ANNEX II

CONDITIONS TO BE SATISFIED BY THE SEED

1. The seed shall have sufficient identity and varietal purity. This condition shall apply to inbred lines of maize correspondingly.

2. Diseases which reduce the usefulness of the seed shall be of the lowest possible level. In the case of basic seed, one fragment of Claviceps purpurea per 500 grammes shall be tolerated, and in the case of certified seed, three pieces or fragments of Claviceps purpurea per 500 grammes shall be tolerated.

3. A. The seed shall conform to the following standards:

Analytical purity

Species

Category

Minimum varietal purity (%)

Minimum germination (%of pure seed)

Minimum analytical purity (% by weight)

Maximum content of seeds of other plant species (number of seeds per 500 grammes)*

Total

Other cereal species

Other plant species

(a) Oats Barley Wheat Spelt

(aa) Basic Seed

99·9

85

99

4

1

3, including

1 of Raphanus raphanistrum or Agrostemma githago,

0 of Avena fatua, Avena sterilis, Avena ludoviciana or Lolium temulentum

(bb) Certified seed, first generation

99·7

85

98

10

7

7, including

3of Raphanus raphanistrum or Agrostemma githago,

0of Avena fatua Avena sterilis, Avena ludoviciana or Lolium temulentum

(cc) Certified seed, second generation

99

85

98

10

7

7, including

3of Raphanus raphanistrum or Agrostemma githago,

0of Avena fatua, Avena sterilis, Avena ludoviciana or Lolium temulentum

(b) Rice

(aa) Basic seed

99·9

80

98

4

2 red seeds

1 of Panicum

(bb) Certified seed, first generation

99·7

80

98

10

5 red seeds

3 of Panicum

(cc) Certified seed, second generation

99

80

98

10

5 red seeds

3 of Panicum

(c) Rye

(aa) Basic seed

85

98

4

1

3, including

1of Raphanus raphanistrum or Agrostemma githago,

0of Avena fatua, Avena sterilis, Avena ludoviciana or Lolium temulentum

(bb) Certified seed

85

98

10

7

7, including

3 of Raphanus raphanistrum or Agrostemma githago,

0 of Avena fatua, Avena sterilis, Avena ludoviciana or Lolium temulentum

(d) Maize

(aa) Basic Seed

90

98

0 (in 250 grammes)

(bb) Certified seed of hybrid varieties

90

98

0

(cc) Certified seed of open-pollinated varieties.

90

98

0

(e) Canary grass

(aa) Basic seed

75

98

4

1

0 of Avena fatua Avena sterilis

(bb) Certified seed

75

98

10

5

Avena ludoviciana or Lolium temulentum

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

†C. Special conditions in respect of the maximum content of seeds of the species Avena fatua, Avena sterilis, Avena ludoviciana and Lolium temulentum:

The presence of one seed of Avena fatua, Avena sterilis, Avena ludoviciana or Lolium temulentum in 500-gramme sample shall not be regarded as an impurity if a second sample is free from Avena fatua, Avena sterilis, Avena ludoviciana or Lolium temulentum.

D. Special conditions in respect of the maximum content of seeds of other cereal species;

Where the maximum content is fixed in subparagraph A at 1 seed, a second seed shall not be regarded as an impurity if a second 500-gramme sample is free from seeds of other cereal species.

NOTES:

*The sample size to be used in the State in relation to the presence of the seed of Avenua fatua is 1 kg.

†The standard contained in paragraph 3C of Annex II as regards the seed of Avenua fatua is not that applying in the State. The standard so applying is that contained in Regulation 7 of these Regulations.

ANNEX III.

Maximum weight of seed lot: 20 metric tons;

Minimum weight of a sample: 1,000 grammes (250 grammes for inbred lines of maize).

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. Reference number of lot.

4. Species.

5. Variety or inbred line of maize.

6. Category.

7. Country of production.

8. Declared net or gross weight or declared number of seeds.

8. ( a ) 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.

9. In the case of hybrid varieties of maize: the word 'hybrid'.

( b ) For seed mixtures:

1. 'Mixture. . . . . . . . . . . . . . . .'

(species)

2. Authority responsible for sealing and Member State.

3. Reference number of lot.

4. Species, category, variety, country of production and proportion by weight of each of the components.

5. Declared net or gross weight or declared number of seeds.

6. Where weight is indicated and granulated pesticides, pelleting substances, or other solid additivesare 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 cereal seed, including cereal seed in the form of mixtures of other seed, may not be marketed unless it has been certified, sealed and labelled in accordance with the EEC directive on the marketing of cereal seed;

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

(3) contain provisions on freedom from Avena fatua (Spring Wild Oat);

(4) provide than any person who carries on the business of processing or importing cereal seed must be registered for either or both purposes by the Minister for Agriculture and Fisheries.