S.I. No. 174/1973 - European Communities (Seeds) (Amendment) Regulations, 1973.

S.I. No. 174 of 1973.

EUROPEAN COMMUNITIES (SEEDS) (AMENDMENT) REGULATIONS, 1973.

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), hereby make the following regulations:

1 Short title and commencement

1. These Regulations may be cited as the European Communities (Seeds) (Amendment) Regulations, 1973, and shall come into operation on the 1st day of July, 1973.

2 Interpretation

2. In these Regulations "authorised officer", "Common Catalogue", "the Minister" and "scheduled directive" have the same meanings respectively as in the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1972 ( S.I. No. 339 of 1972 ).

3 Amendment (S.I. 19/73)

3. The Table set out in the Schedule to these Regulations is hereby substituted for the Table set out in the Schedule to European Communities (Seeds of Perennial Ryegrass and Cereals) Regulations, 1973 ( S.I. No. 19 of 1973 ).

4 Amendment (S.I. 339/72)

4. The Schedule to the European Communities (National Catalogue of Agriculture Plant Varieties) Regulations, 1972 ( S.I. No. 339 of 1972 ), is hereby amended by the insertion, at each of reference numbers 1 to 6, of the Council Directive No. 72/418/EEC of 6 December, 1972⁽¹⁾ as a modifying directive.

(¹)OJ No. 287/22,'26 December 1972,

5 Marketing

5. (1) Seeds which are subject to a scheduled directive shall not be marketed unless they are seeds of—

(i) a variety registered in the National Catalogue of Agricultural Plant Varieties,

(ii) a variety to which a determination under Regulation 3 (4) of the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1972, relates, or

(iii) a variety registered in the Common Catalogue in respect of which no marketing restriction exists under Article 15 of the scheduled directive mentioned at reference number 6 in the Schedule to those Regulations.

(2) A person who contravenes this Regulation 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.

6 Records, etc.

6. (1) A person who carries on the business of marketing seeds which are subject to a scheduled directive shall—

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

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

(c) afford to an authorised officer reasonable facilities for the inspection, sampling and taking stock of any such seeds on any premises on which such person carries on the business,

(d) give to an authorised officer any information which he may reasonably require in relation to such transactions, including information regarding seeds imported from other Member States or from third countries.

(2) A person who contravenes this Regulation 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.

7 Powers of authorised officers

7. (1) 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 marketing, or of importing or exporting, seeds which are subject to a scheduled directive is carried on and may take samples of any such seeds which he finds in the course of his inspection.

(2) A person who obstructs or interferes with an authorised officer when the officer is exercising a power conferred on him by 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.

(3) An authorised officer shall, when exercising any powers conferred by these Regulations, produce, if requested by any person affected, his certificate of appointment as an authorised officer.

8 Prosecution of Offences

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

REGULATION 3

SCHEDULE

CEREAL SEED REQUIREMENTS

GIVEN under my Official Seal, this 27th day of June, 1973.

MARK CLINTON,

Minister for Agriculture and

Fisheries.

EXPLANATORY NOTE.

The Regulations include—

(1) certain amendments to the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1972 ( S.I. No. 339 of 1972 ) and European Communities (Seeds of Perennial Ryegrass and Cereals) Regulations 1973 ( S.I. No. 19 of 1973 );

(2) provision that seeds of beet, forage crops, cereals, potatoes, oil bearing and fibrous plants may not be marketed unless the varieties are included in the National Catalogue of varieties or in the EEC Common Catalogue of Varieties.