S.I. No. 110/1991 - European Communities (Seed of Fodder Plants) (Amendment) Regulations, 1991.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving affect to Commission Directive No. 86/109/EEC of 27 February, 1986⁽¹⁾, Council Directive No. 86/155/EEC of 22 April, 1986⁽²⁾, Commission Directive No. 87/120/EEC of 14 January, 1987⁽³⁾, Commission Decision No. 87/309/EEC of 2 June, 1987⁽⁴⁾, Commission Directive No. 87/480/EEC of 9 September, 1987⁽⁵⁾, Council Directive No. 88/380/EEC of 13 June, 1988⁽⁶⁾, Commission Decision No. 88/493/EEC of 8 September, 1986⁽⁷⁾, and Commission Directive No. 89/424/EEC of 30 June, 1989⁽⁸⁾, insofar as they relate to seed of fodder plants, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Seed of Fodder Plants) (Amendment) Regulations, 1991, and shall come into operation on the 30 April, 1991.

(2) The European Communities (Seed of Fodder Plants) Regulations, 1981 to 1989, and these Regulations may be cited together as the European communities (Seed of Fodder Plants) Regulations, 1981 to 1991, and shall be construed together as one.

2. In these Regulations "the Principal Regulations" means the European Communities (Seed of Fodder Plants) Regulations, 1981 ( S.I. No. 112 of 1981 );

3. Regulation 2 of the Principal Regulations is hereby amended by—

⁽¹⁾O.J. No. L93/21, 8.4.1986.

⁽²⁾O.J. No. L118/23, 7.5.1986.

⁽³⁾O.J. No. L49/39, 18.2.1987.

⁽⁴⁾O.J. No. L155/26, 16.6.1987.

⁽⁵⁾O.J. No. L273/43, 26.9.1987.

⁽⁶⁾O.J. No. L187/31, 16.7.1988.

⁽⁷⁾O.J. No. L261/27, 21.9.1988.

⁽⁸⁾O.J. No. L196/50, 12.7.1989.

( a ) the insertion in paragraph (1) of the following definition:

"'Annex V' means Annex V to the directive which Annex (inserted by the European Communities (Seed of Fodder Plants) (Amendment) Regulations, 1991) is contained in the Schedule hereto;", and

( b ) the substitution of the following paragraph for paragraph (2):

"(2) The directives and decision referred to in the definition of 'the directive' in paragraph (1) of this Regulation are Council Directive No. 69/63/EEC of 18 February, 1969⁽¹⁾, Council Directive No. 71/162/EEC of 30 March, 1971⁽²⁾, Council Directive No. 72/274/EEC of 20 July, 1972⁽³⁾, Council Directive No. 72/418/EEC of 6 December, 1972⁽⁴⁾, Act of Accession⁽⁵⁾ and Council Decision of 1 January, 1973⁽⁶⁾, Council Directive No. 73/438/EEC of 11 December, 1973⁽⁷⁾, Council Directive No. 75/444/EEC of 26 June, 1975⁽⁸⁾, Council Directive No. 78/55/EEC of 19 December, 1977⁽⁹⁾, First Commission Direction Directive No. 78/386/EEC of 18 April, 1978⁽¹⁰⁾, Council Directive No. 78/692/EEC of 25 July, 1978⁽¹¹⁾, Council Directive No. 78/1020/EEC of 5 December, 1978⁽¹²⁾, Commission Directive No. 79/641/EEC of 27 June, 1979⁽¹³⁾, Council Directive No. 79/692/EEC of 24 July, 1979⁽¹⁴⁾, and Council Directive No. 80/754/EEC of 17 July, 1980⁽¹⁵⁾, Commission Directive No. 81/126/EEC of 16 February, 1981⁽¹⁶⁾, Commission Directive 82/287/EEC of 13 April, 1982⁽¹⁷⁾, Commission Directive 83/116/EEC of 8 March, 1983⁽¹⁸⁾, Commission Directive 85/38/EEC of 14 December, 1984⁽¹⁹⁾, Commission Directive 86/109/EEC of 27 February, 1986⁽²⁰⁾, Council Directive No. 86/155/EEC of 22 April, 1986, Commission Directive No. 87/120/EEC of 14 January, 1987, Commission Decision No. 87/309/EEC of 2 June, 1987, Commission Directive No. 87/480/EEC of 9 September, 1987, Council Directive No. 88/380/EEC of 13 June, 1988, Commission Decision No. 88/493/EEC of 8 September, 1986 and Commission Directive No. 89/424/EEC of 30 June, 1989.".

⁽¹⁾O.J. No. L48/8, 26.2.1969.

⁽²⁾O.J. No. L87/24, 17.4.1971.

⁽³⁾O.J. No. L171/37, 29.7.1972.

⁽⁴⁾O.J No. L287/22, 26.12.1972.

⁽⁵⁾O.J. Special edition P14 27.3.1972.

⁽⁶⁾O.J. No. L2/1, 1.1.1973.

⁽⁷⁾O.J. No. L356/79, 27.12.1973.

⁽⁸⁾O.J. No. L196/6, 26.7.1975.

⁽⁹⁾O.J. No. L16/23, 20.1.1978.

⁽¹⁰⁾O.J. No. L113/1, 25.4.1978.

⁽¹¹⁾O.J. No. L236/13, 25.8.1978.

⁽¹²⁾O.J. No. L350/27, 14.12.1978.

⁽¹³⁾O.J. No. L183/13, 19.7.1979.

⁽¹⁴⁾O.J. No. L205/1, 13.8.1979.

⁽¹⁵⁾O.J. No. L207/36, 9.8.1980.

⁽¹⁶⁾O.J. No. L67/36, 12.3.1981.

⁽¹⁷⁾O.J. No. L131/24, 13.5.1982.

⁽¹⁸⁾O.J. No. L76/21, 22.3.1983.

⁽¹⁹⁾O.J. No. L16/41, 19.1.1985.

4. Regulation 5 of the Principal Regulations is hereby amended by the substitution for the Table (inserted by the European Communities (Seed of Fodder Plants) (Amendment) Regulations 1988 ( S.I. No. 161 of 1988 )), of the following Table:

"Table

5. The Principal Regulations are hereby amended by the insertion after Regulation 5 of the following Regulation:

⁽²⁰⁾O.J. No. L93/21, 8.4.1986.

"5A. (1) Fodder plant seed —

( a ) which has been produced directly from basic seed or certified seed officially certified either in one or more Member States or in a third country to which the Sixth Council Decision on the equivalence of seed produced in third countries applies or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and

( b ) which has been harvested in another Member State, shall, on request and without prejudice to the provisions of the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations 1981 (S.I. No. 409 of 1981), be officially certified as certified seed if it has undergone field inspection satisfying the conditions laid down in Annex I for the relevant category and official examination has shown that the conditions laid down in Annex II for the species concerned are satisfied; and where in such cases fodder plant seed has been produced directly from officially certified seed of pre-basic seed, it shall be officially certified as basic seed if the conditions laid down for the species concerned are satisfied.

(2) Fodder plant seed which has been harvested in another Member State and which is intended for certification in accordance with the provisions laid down in paragraph 1, shall —

( a ) be packed and labelled with an official label, satisfying the conditions laid down in paragraphs (A) and (B), of Annex V, in accordance with the provisions laid down in Regulation 8.

( b ) be accompanied by an official document satisfying the conditions laid down in paragraph (C) of Annex V.

(3) Fodder plant seed —

( a ) which has been produced directly from basic seed or certified seed officially certified either in one or more Member States or in a third country to which the Sixth Council Decision No. 80/818/EEC of 15 July, 1980⁽²⁰⁾, on the equivalence of seed produced in third countries applies or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and

( b ) which has been harvested in a third country,

shall, on request and without prejudice to the provisions of the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1981, be officially certified as certified seed, if it has undergone field inspection satisfying the conditions laid down in the Seventh Council Decision No. 85/355/EEC of 27 June, 1985⁽²¹⁾, on the equivalence of field inspection carried out in third countries on seed-producing crops for the relevant category, and if official examination has shown that the conditions laid down in Annex II for that category are satisfied.

6. Regulation 8 of the Principal Regulations is hereby amended —

( a ) by the insertion of the following paragraph after paragraph (2):

"(2A) ( a ) In the case of field pea and field bean, in lieu of compliance, as regards packages of basic seed and certified seed, with the requirements of paragraph (1) of this Regulation, the information required by that paragraph may be printed or stamped on the packages if, and only if, each of the following conditions is complied with:—

(i) such information is so printed or stamped indelibly,

(ii) the layout and colour of the printing or stamp is in accordance with the requirements of that paragraph as regards the form of the label,

⁽²¹⁾O.J. No. L240/26 of 12.9.1980.

⁽²²⁾O.J. No. L195/1 of 26. 7.1985.

(iii) such printing or stamping, insofar as it relates to the information required under subparagraph 3 and 3 (a) of paragraph A1 (a) of Annex IV, is done either officially or under official supervision, and

(iv) the package has so printed or stamped thereon, a serial number which shall be one of a series officially attributed.

( b ) A person by whom a serial number is for the purposes of this paragraph printed or stamped shall from time to time inform the Minister both of the number of packages so printed or stamped and of the numbers in the officially attributed series which have been used by him in the course of such printing or stamping.

( c ) The relevant records of the person by whom seed referred to in subparagraph (a) of this paragraph is packed shall have been subject to official supervision.", and

( d ) by the substitution of the following paragraph for paragraph (4):

"(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 give the following information:

(i) the name of the certification authority and the Member State by which the authority was designated or their distinguishing abbreviation,

(ii) the reference number of the lot,

(iii) the month and year of sealing orthe month and year of the last official sampling for the purposes of certification,

(iv) the species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters,

(v) the variety, indicated at least in roman characters,

(vi) the description pre-basic seed, and

(vii) the number of generation preceding seed of the category certified seed of the first generation.".

7. Annex II of the Schedule to the Principal Regulations is hereby amended by—

( a ) the insertion in column 2 of the Table to paragraph (I) (2) (A), opposite the mention in column 1 of that Table of a species of seed mentioned in column 1 of the Table to this paragraph of the matter mentioned in column 2 of the latter Table opposite the mention of that species in column 1 of the latter Table:

A. Table:

( b ) the insertion after "1.0" in column 6 of the Table to the said paragraph (I) (2) (a), opposite the mention of "Alopercurus pratensis" in column 1 of that Table of "(f)", and

( c ) the insertion in column 4 of the Table in paragraph (II) (1) (A), opposite the mention in column 1 of that Table of a species of seed mentioned in column 1 of the Table to this paragraph, of the matter mentioned in column 2 of the latter Table opposite the mention of that species in column 1 of the latter Table.

Table

8. Annex IV of the Schedule to the Principal Regulations is hereby amended —

( a ) in paragraph A.1 —

(i) by the insertion in clause (a) after "Species" of "indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters",

(ii) by the insertion in clause (a) 5 after "Variety" of "indicated at least in roman characters",

(iii) by the insertion in clause (b) 5 after "Species" of "indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters", and

(iv) by the insertion in clause (c) 4 after "shown by species and, where appropriate, by variety" of "both indicated at least in roman characters", and

( b ) in paragraph B —

(i) by the insertion in subparagraph (a) 6 after "Species" of "indicated at least in roman characters",

(ii) by the insertion in subparagraph (a) 7 after "Variety" of "indicated at least in roman characters",

(iii) by the insertion in subparagraph (b) 6 after "Species" of "indicated at least in roman characters", and

(iv) by the insertion in subparagraph (c) 11 after "shown by species and where appropriate by variety" of "both indicated at least in roman characters".

9. The Schedule to the Principal Regulations is hereby amended by the insertion of the following Annex after Annex IV:"

ANNEX V

Label and document provided in the case of seed not finally certified, harvested in another Member State.

(A). Information required for the label

1. The name of the authority responsible for field inspection and the Member State by which the authority was designated or their initials,

2. Species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters,

3. Variety, indicated at least in roman characters,

4. Category,

5. Field or lot reference number,

6. Declared net or gross weights,

7. The words "seed not finally certified".

(B). Colour of label

The label shall be grey.

(C). Official document

Information required

1. the name of the authority issuing the document,

2. the species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters,

3. Variety, indicated at least in roman characters,

4. Category,

5. Reference number of the seed used to sow the field and name of the country or countries which certified that seed,

6. Field or lot reference number,

7. Area cultivated for the production of the lot covered by the document,

8. Quantity of seed harvested and number of packages,

9. Number of generations after basic seed, in the case of certified seed,

10. Attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled,

11. Where appropriate, results of a preliminary seed analysis.

GIVEN under my Official Seal this 30th day of April, 1991.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations amend existing Regulations by (1) updating the annexes to improve standards (2) adding species of increased economic importance and deleting others of low importance (3) limiting the marketing of seed to "basic seed" or "certified seed" (4) revising certain provisions in order to facilitate the reproduction of seed in member-States other than that of origin and (5) improving information provided on the official label.