S.I. No. 285/1973 - European Communities (Avena Fatua) Regulations, 1973.

S.I. No. 285 of 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:

Short title and commencement

1. These Regulations may be cited as the European Communities (Avena fatua) Regulations, 1973, and shall come into operation on the 22nd day of October, 1973.


2. In these Regulations—

"the Council Directive" means Council Directive No. 66/401/ EEC of 14 June, 19661, as amended by Council Directive No. 69/63/EEC of 18 February, 19692, by Council Directive No. 71/162/ EEC of 30 March, 19713, by Council Directive No. 72/274/EEC of 20 July, 19724, and by Council Directive No. 72/418/EEC of 6 December, 19725; "fodder plants", "basic seed", "certified seed " and " commercial seed " have each respectively the meaning assigned to them by Article 2 of the Council Directive.

Seeds of fodder plants to be free of Avena fatua

3. Subject to Regulation 4 of these Regulations, seeds of fodder plants shall under any scheme neither be certified as basic seed or certified seed nor passed on examination as commercial seed unless such seeds are free of seeds of Avena fatua.

Seeds of fodder plants to be regarded as being free of Avena fatua in certain circumstances

4. Seeds of fodder plants shall for the purpose of these Regulations be regarded as being free of seeds of Avena fatua if a sample of the first mentioned seeds, taken in accordance with the Council Directive,

( a ) in case the seeds are of a size equal to or larger than a grain of wheat, or 500 grammes, or

( b ) in any other case, of 300 grammes,

is found on examination to be free of seeds of Avena fatua.

1 OJ No. 125/2298/66, 11.7.1966.

2 OJ No. L 48/8, 26.2.1969.

3 OJ No. L 87/24, 17.4.1971.

4 OJ No. L 171/37, 29.7.1972.

5 OJ No. L 287/22, 26.12.1972.

GIVEN under my Official Seal, this 19th day of October, 1973.


Minister for Agriculture and Fisheries.


The Regulations provide that seeds of fodder plants (including grasses, clovers, field beans, vetches etc) produced in this country may not be certified or passed as commercial seed unless they are free of seeds of Avena fatua (commonly known as Spring Wild Oat).