S.I. No. 200/1974 - European Communities (Seeds) Regulations, 1974.

S.I. No. 200 of 1974.

EUROPEAN COMMUNITIES (SEEDS) REGULATIONS, 1974.

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) Regulations, 1974, and shall come into operation on the 1st day of July, 1974.

2 Interpretation.

2. In these Regulations—

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

"basic seeds", "beet seeds'", "cereal seeds", "certified seeds", "certified seeds of the first generation", "certified seeds of the second generation", "commercial seeds", "fodder plant seeds", "seeds of oil and fibre plants" and "seed potatoes" have each respectively the meaning specified in the relevant scheduled directive;

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

"pre-basic seed"means seed of generations anterior to basic seed; "seeds", except where the context otherwise requires, means—

( a ) beet seeds,

( b ) cereal seeds,

( c ) fodder plant seeds,

( d ) seed potatoes, and

( e ) seeds of oil and fibre plants,

which are subject to a scheduled directive;

"scheduled directive" means a Council Directive specified in the Schedule to the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1972 ( S.I. No. 339 of 1972 ); any reference to market includes a reference to barter, offer or expose for sale and invite to buy;

any expression which has a particular meaning for the purposes of a relevant scheduled directive has that meaning for the purposes of these Regulations.

3 Application.

3. These Regulations apply to seeds other than seeds which are shown to the satisfaction of the Minister to be intended for export to a country or territory which is not a Member State.

4 Marketing.

4. (1) Subject to paragraph (2) of this regulation, seeds which are subject to a scheduled directive shall not be marketed as basic seeds unless—

( a ) they have been certified as basic seeds in accordance with the provisions of the directive,

( b ) they comply with the conditions prescribed for such seeds by the directive or, where the directive so provides and the Minister so prescribes, with conditions prescribed pursuant to the directive by the Minister for such seeds,

( c ) in the case of seeds produced in third countries, they are of a kind accepted by the Minister or the Council of the European Communities as being equivalent to basic seeds produced in the Community,

( d ) they are—

(i) in homogeneous lots in accordance with the directive,

(ii) in packages which are sealed, marked and labelled in accordance with the directive and which contain, where required by the directive, a document specified in the directive.

(2) Cereal seeds or fodder plant seeds shall not be marketed unless—

( a ) each lot of seeds is accompanied by an official certificate issued by the official certifying authority of the country where the seeds were certified certifying that—

(i) a sample of the seeds has been taken and examined in accordance with Regulation 6 or 7 of these Regulations, as may be appropriate, and that the sample has been found to be free of Avena fatua, and

(ii) a field inspection, where required, has been carried out in accordance with the said Regulation 6 or 7, as may be appropriate, and that the relevant crop has been found to be free of Avena fatua, and

( b ) a copy of the said certificate is attached to—

(i) in case the lot comprises one package, that package,

(ii) in case the lot comprises two or more packages, each such package.

(3) Seed potatoes which have been treated with sprout inhibitors shall not be marketed as basic seed potatoes.

(4) Basic seed potatoes shall not be marketed unless there is stated an a label attached to the package containing the potatoes the date on which they were officially sealed.

(5) The foregoing paragraphs of this regulation, other than paragraph (3), shall not apply to seeds which are subject to a scheduled directive where the seeds are marketed either in a quantity which is packaged, sealed or marked or in a package which is labelled in accordance with a derogation from the directive duly authorised by the Minister pursuant to the directive.

(6) 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.

5 Cereal seeds and fodder plant seeds to be free of Avena fatua

5. Subject to Regulations 6 and 7 of these Regulations, cereal seeds and fodder plant seeds shall under any scheme neither be certified as basic or certified seeds nor be passed on examination as commercial seeds unless such seeds are free of seeds of Avena fatua.

6 Cereal seeds to be regarded as being free of Avena fatua in certain circumstances.

6. Cereal seeds shall be regarded as being free of seeds of Avena fatua if,

( a ) the cereal crop is found, on official field inspection, carried out in accordance with the relevant scheduled directive, to be free of Avena fatua and also if a sample of at least 1 kilogramme of the seeds, taken in accordance with the directive, is found on official examination to be free of the seeds of Avena fatua, or

( b ) sample of at least 3 kilogrammes of the cereal seeds, taken in accordance with the directive, is found on official examination to be free of the seeds of Avena fatua.

7 Fodder plant seeds to be regarded as being free of Avena fatua in certain circumstances.

7. Fodder plant seeds shall be regarded as being free of seeds of Avena fatua if,

( a ) in case the fodder plant seeds are of a size equal to or larger than a grain of wheat, a sample of the first-mentioned seeds of at least 500 grammes, taken in accordance with the relevant scheduled directive, is found on official examination to be free of seeds of Avena fatua,

( b ) in any other case,

(i) if the crop of the relevant fodder plants is found, on official field inspection carried out in accordance with the directive, to be free of Avena fatua and also if a sample of at least 100 grammes of the fodder plant seeds, taken in accordance with the directive, is found on official examination to be free of the seeds of Avena fatua, or

(ii) if a sample of the fodder plant seeds of at least 300 grammes, taken in accordance with the said directive, is so found to be free of the seeds of Avena fatua.

8 Certification

8. (1) The Minister shall be the official authority for the State for the certification of seeds which are subject to a scheduled directive as basic and certified seeds and for the checking of seeds as commercial seeds for the purposes of the directive.

(2) Cereal seeds which are produced in the State shall be certified pursuant to this regulation if, and only if, they comply with the requirements specified in paragraph (a) of Regulation 6 of these Regulations.

(3) Fodder plant seeds which are less than the size of a grain of wheat and are produced in the State shall be certified pursuant to this regulation if, and only if, they comply with the requirements of subparagraph (ii) of paragraph (b) of Regulation 7 of these Regulations.

9 Records etc.

9. (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 enquiries 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.

10 Powers of authorised officers

10. (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, or any railway wagon, vehicle, ship, vessel or aircraft in which he so believes such seeds to be kept, and may examine and take samples and stock of any such seeds which he finds in the course of his inspection.

(2) 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.

(3) 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.

11 Prosecution of offences

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

12 Fees

12. (1) There shall be charged such fees in respect of services performed by the Minister or an officer of the Minister in connection with matters to which these Regulations relate as the Minister, with the consent of the Minister for Finance, determines.

(2) Fees under these Regulations shall be collected and taken in such manner as the Minister for Finance directs and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.

(3) The Public Offices Fees Act, 1879 (1879, c. 58), shall not apply in respect of fees under these Regulations.

13 Amendment ( S.I. No. 339 of 1972 )

13. The Schedule to the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1972 ( S.I. No. 339 of 1972 ), is hereby amended by,

( a ) the insertion where appropriate in the third column thereof of "No. 7¾38/EEC of 11 December, 1973" opposite each of the reference numbers in the first column thereof, and

( b ) the insertion where appropriate in the fourth column thereof of "OJ No. L356/79, 27 December, 1973", opposite each of the said reference numbers.

14 Amendment ( S.I. No. 19 of 1973 )

14. The European Communities (Seeds of Perennial Ryegrass and Cereals) Regulations, 1973 ( S.I. No. 19 of 1973 ), are hereby amended by—

( a ) the insertion of "'cereal seeds'," after "'basic seed'," in Regulation 2,

( b ) the substitution of the following for paragraph (1) of Regulation 4 :

"(1) Cereal seeds, other than basic seed of wheat, oats, rye, barley or maize shall not be sold unless they comply with the requirements indicated in the Schedule to these Regulations.

(1A) Cereal seeds shall not be sold as basic seed if the moisture content of the seeds exceeds 16 per cent.

(1B) Maize seed shall not be sold as basic seed if the minimum germination of the seed is less than 85 per cent. of pure seed."

( c ) the Table set out in the Schedule to these Regulations is hereby substituted for the Table set out in the Schedule (inserted therein by Regulation 3 of the European Communities (Seeds) (Amendment) Regulations, 1973 ( S.I. No. 174 of 1973 )).

15 Revocations

15. (1) The definition of "cereal seeds" in Regulation 2 of the European Communities (Seeds of Perennial Ryegrass and Cereals) Regulations, 1973, is hereby revoked.

(2) The European Communities (Avena fatua) Regulations, 1973 ( S.I. No. 285 of 1973 ), are hereby revoked.

GIVEN under my Official Seal, this 28th day of June, 1974.

MARK CLINTON,

Minister for Agriculture and

Fisheries.

Regulation 14

SCHEDULE

CEREAL SEED REQUIREMENTS

EXPLANATORY NOTE.

The Regulations

(1) provide that basic seeds of beet, fodder plants, cereals, potatoes and oil and fibre plants may not be marketed unless they have been certified, sealed, marked and labelled in accordance with the requirements of the relevant EEC Directives,

(2) contain provisions on freedom from Avena fatua (commonly known as Spring Wild Oat) in the case of cereal and fodder plant seeds,

(3) prescribe standards for the sale of certain cereal seeds,

(4) repeal the European Communities (Avena fatua) Regulations, 1973 ( S.I. No. 285 of 1973 ), and

(5) amend the European Communities (Seeds of Perennial Ryegrass and Cereals) Regulations, 1973 ( S.I. No. 19 of 1973 ).