S.I. No. 136/1983 - European Communities (Seed of Oil Plants and Fibre Plants) (Amendment) Regulations, 1983.

I, AUSTIN DEASY, Minister for Agriculture, 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 Commission Directive No. 81/126/EEC of 16 February, 1981¹, to Commission Directive No. 82/287/EEC of 13 April, 1982², to Council Directive 82/727/EEC of 25 October, 1982³, to Commission Directive 82/859/EEC of 2 December, 1982⁴ and to Commission Directive 83/116/EEC of 8 March, 1983⁵, in so far as they relate to seed of oil plants and fibre plants, hereby make the following regulations:

¹O.J. No. L67/36, 12 March, 1981.

²O.J. No. L131/24, 13 May, 1982.

³O.J. No. L310/21, 6 November, 1982.

⁴O.J. No. L357/31, 18 December, 1982.

⁵O.J. No. L76/21, 22 March, 1983.

1. (1) These Regulations may be cited as the European Communities (Seed of Oil Plants and Fibre Plants) (Amendment) Regulations, 1983.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Seed of Oil Plants and Fibre Plants) Regulations, 1981 and 1983.

(3) These Regulations shall come into operation on the 20th day of June, 1983.

2. In these Regulations "the Principal Regulations" means the European Communities (Seed of Oil Plants and Fibre Plants) Regulations, 1981 ( S.I. No. 38 of 1981 ).

3. The Principal Regulations are hereby amended by—

( a ) the substitution of the following paragraph for paragraph (2) of Regulation 2:

"(2) The directives, act and decision referred to in the definition of 'the directive' in paragraph (1) of this Regulation are Council Directive No. 71/162/EEC of 30 March, 1971⁶, Council Directive No. 72/274/EEC of 20 July, 1972⁷, Council Directive No. 72/418/EEC of 6 December, 1972⁸, Act of Accession ⁹ and Council Decision of 1 January, 1973¹⁰, Council Directive No. 73/438/EEC of 11 December, 1973¹¹, Council Directive No. 75/444/EEC of 26 June, 1975¹², Council Directive No. 78/55/EEC of 19 December, 1977¹³. First Commission Directive No. 78/388/EEC of 18 April, 1978¹⁴, Council Directive No. 78/692/EEC of 25 July, 1978¹⁵, Council Directive No. 78/1020/EEC of 5 December, 1978¹⁶, Commission Directive No. 79/641/EEC of 27 June, 1979¹⁷, Commission Directive No. 80/304/EEC of 25 February, 1980¹⁸, Commission Directive No. 81/126/EEC of 16 February, 1981¹⁹, Commission Directive No. 82/287/EEC of 13 April, 1982²⁰, Council Directive 82/727/EEC of 25 October, 1982²¹, Commission Directive 82/859/EEC of 2 December, 1982²², and Commission Directive 83/116/EEC of 8 March, 1983²³";

⁶O.J. No. L87/24, 17 April, 1971.

⁷O.J. No. L171/37, 29 July, 1972.

⁸O.J. No. L287/22, 26 December, 1972.

⁹O.J. No. Special Edition, p. 14, 27 March, 1972.

¹⁰O.J. No. L2/1, 1 January, 1973.

¹¹O.J. No. L356/79, 27 December, 1973.

¹²O.J. No. L196/6, 26 July, 1975.

¹³O.J. No. L16/23, 20 January, 1978.

¹⁴O.J. No. L113/20, 25 April, 1978.

¹⁵O.J. No. L236/13, 26 August, 1978.

¹⁶O.J. No. L350/27, 14 December, 1978.

¹⁷O.J. No. L183/13, 19 July, 1979.

¹⁸O.J. No. L68/33, 14 March, 1980.

¹⁹O.J. No. L67/36, 12 March, 1981.

²⁰O.J. No. L131/24, 13 May, 1982.

²¹O.J. No. L310/21, 6 November, 1982.

²²O.J. No. L357/31, 18 December, 1982.

²³O.J. No. L76/21, 22 March, 1983.

( b ) the substitution in the Schedule of the following paragraph for paragraph 3 of Annex I:

"3. The crop shall have sufficient varietal identity and varietal purity. In particular crops of Brassica juncea, Brassica nigra, Cannabis sativa, Carum carvi and Gossypium sp., shall conform to the following standards:

The number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed:

—one per 30 M² for the production of basic seed,

—one per 10 M² for the production of certified seed.";

( c ) the substitution in the Schedule of the following paragraph for paragraph 1 of Section 1 of Annex II:

"1. The seed shall have sufficient varietal identity and varietal purity. In particular, seeds of the species listed below shall conform to the following standards or other conditions:

Species and category	Minimum Varietal Purity (%)
1	2
Arachis hypogaea:
—basic seed	99.7
—certified seed	99.5
Brassica napus ssp. oleifera, other than varieties to be used solely for fodder purposes, Brassica rapa, other than varieties to be used solely for fodder purposes:
—basic seed	99.9
—certified seed	99.7
Brassica napus ssp. oleifera, varieties to be used solely for fodder purposes, Brassica rapa, varieties to be used solely for fodder purposes, Helianthus annuus, other than hybrid varieties including their components, Sinapis alba:
—basic seed	99.7
—certified seed	99
Linum usitatissimum:
—basic seed	99.7
—certified seed, 1st generation	98
—certified seed, 2nd and 3rd generations	97.5
Papaver somniferum:
—basic seed	99
—certified seed	98
Glycine max:
—basic seed	97
—certified seed	95

The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I."; and

( d ) the substitution in the Schedule of the following entry for the entry relating to Cannabis sativa in the table to item 2 of Section I of Annex II:

Cannabis sativa

—

30 (b)

0 (c)

(c)

GIVEN under my Official Seal, this 25th day of May, 1983.

AUSTIN DEASY,

Minister for Agriculture.

EXPLANATORY NOTE.

The Regulations amend the European Communities (Seed of Oil Plants and Fibre Plants) Regulations, 1981 in accordance with the provisions of Directives Nos. 81/126/EEC, 82/287/EEC, 82/727/EEC, 82/859/EEC and 83/116/EEC.