S.I. No. 198/2002 - European Communities (Seed of Fodder Plants) Regulations, 2002

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, 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 Council Directive No. 66/401/EEC of 14 June, 1966⁽¹⁾ , as amended by the directives, act and decision specified in Regulation (2) (2) following, hereby make the following regulations:

Short title and commencement.

1. These Regulations may be cited as the European Communities (Seed of Fodder Plants) Regulations, 2002, and shall come into operation on the 7^th day of May, 2002.

Interpretation.

2. (1) In these Regulations -

“Annex 1” means Annex 1 to Council Directive, No. 66/401/EEC, which Annex is contained in Schedule I hereto;

“Annex II” means Annex II to Council Directive, No. 66/401/EEC, which Annex is contained in Schedule I hereto;

“Annex III” means Annex III to Council Directive, No. 66/401/EEC, which Annex is contained in Schedule I hereto;

“Annex IV” means Annex IV to Council Directive, No. 66/401/EEC which Annex is contained in Schedule I hereto;

“Annex V” means Annex V to Council Directive No. 66/401/EEC, which Annex is contained in Schedule I hereto;

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

“basic seed” means the following seeds:

(a)  seed of bred varieties of fodder plants which:

(i)   has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety,

(ii)  is intended for the production of certified seed,

(iii) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and Annex II for basic seed, and

(b)  seed of local varieties of fodder plants which.

(i)   has been produced under official control from material accepted by the official authority as being of the local variety in one or more holdings situated within a clearly demarcated region of origin.

(ii)  is intended for the production of certified seed.

(iii) subject to the provisions of Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and II for basic seed, and

(iv) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

“certified seed” means seed of all the species listed in Table A of Annex II of Schedule 1 other than Lupinus ssp, Pisum sativum, Vicia ssp and Medicago sativa which,

(a)  has been produced directly from basic seed, or if the breeder so requests, from seed of a generation prior to basic seed which has been found by official examination to satisfy the conditions laid in Annexes I and II for basic seed

(b)  is intended for the production of certified seed or of fodder plants,

(c)  subject to the provisions of Regulation 6 of these Regulations satisfies the conditions laid down in Annex I and Annex II for certified seed, and

(d)  has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

“certified seed, first generation” means seed of the species Lupinus spp.,Pisum sativum, Vicia spp. and Medicago sativa which,

(a)      has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed which can satisfy and has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed.

(b)       is intended either for the production of seed of the category ”certified seed, second generation” or purposes other than the production of seed of fodder plants.

(c)       subject to the provisions of Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and II for certified seed, and

(d)       has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

“certified seed, second generation” means seed of the species Lupinus spp., Pisum sativum, Vicia spp. and Medicago sativa seed, which,

(a)  has been produced directly from basic seed, from certified seed of the first generation or, if the breeder so requests, from seed of a generation prior to basic seed which can satisfy and has been found by offical examination to satisfy the conditions laid down in Annexes I and II for basic seed,

(b)  is intended for purposes other than the production of seed of fodder plants,

(c)  subject to the provisions of Regulation 6 of these Regulations satisfies the conditions laid down in Annex I and II for certified seed, and

(d)  has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

“common catalogue” means the Common Catalogue of Varieties of Agricultural Plant Species published from time to time by the Commission of the European Communities in the Official Journal of the European Communities:

“national catalogue” means the National Catalogue of Agricultural Plant Varieties maintained by the Minister pursuant to and in accordance with Regulations made by him under the European Communities Act, 1972 (No. 27 of 1972) ;

“the directive” means Council Directive No. 66/401/EEC of 14 June 1966⁽¹⁾ as amended by the directive and decision specified in paragraph (2) of this Regulation:

“fodder plants” means plants of the following genera and species

“the Minister” means the Minister for Agriculture, Food and Rural Development.

“official” other than in the expression “official authority” or “official language” refers to any work or measure carried out or taken by an official authority;

“official authority” means the authority officially designated by a Member State to carry out the work in connection with the certification, examination sampling or closing of fodder plant seed, or any other work or measure relevant to the provisions of the directive or these Regulations or any similar authority in a third country;

“Pre-basic seed” means seed of fodder plants of generations prior to basic seed which.

(a)  has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety.

(b)  is intended for the production of pre-basic seed, basic seed or certified seed.

(c)  subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and Annex II for basic seed, and

(d)  has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions.

“the register” has the meaning assigned to it by Regulation 12 of these Regulations;

“small EC A packages” means packages containing a mixture of seeds of fodder plants and which are not intended for the production of plants for fodder purposes being packages with a net weight not exceeding 2 kg excluding, if contained in the package, granulated pesticides, pelleting substances of other solid additives:

“small EC B packages” means packages containing basic seed, certified seed or packages, other than small EC A packages, containing a mixture of seed of fodder plants being (in any case) packages with a net weight not exceeding 10 kg excluding, if contained in the package: granulated pesticides, pelleting substances or other solid additives:

“statute” has the same meaning as in section 3 of the Interpretation Act, 1937 (No. 38 of 1937);

“third country” means a country or territory which is not a Member State of the European Communities.

“Commission” means the Commission of the European Communities.

“Community” means the Member States of the European Communities.

(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 Accession⁵ and Council Decision of 1 January, 1973,⁶ Council Directive No. 73/438/EEC of 11 December 1973⁷ Council Directive No. 75/444/EEC of 26 June, 1975,⁸ Council Directive No. 78/55/EEC of 19 December, 1977,⁹ First Commission 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 Council Directive No. 80/754/EEC of 17 July, 1980,¹⁵ Commission Directive 81/126/EEC of 16 February, 1981¹⁶ , Commission Directive 82/287/EEC of 13 April, 1982¹⁷ , Commission Directive 83/116/EEC of 8 March, 1983¹⁸ Commission Directive 85/38/EEC of 14 December, 1984¹⁹ , Commission Directive 86/109/EEC of 27 February, 1986²⁰ , Council Directive No. 86/155/EEC of 22 April, 1986²¹ , Commission Directive 87/120/EEC of 14 January, 1987²²

Commission Decision No. 87/309/EEC of 2 June, 1987²³ , Commission Directive 87/480/EEC of 9 September, 1987²⁴ , Council Directive 88/380/EEC of 13 June, 1988²⁵ , Commission Decision No. 88/493/EEC of 8 September, 1988²⁶ , Commission Directive No. 89/424/EEC of 30 June 1989²⁷ , Commission Directive 89/100/EEC of 20 January, 1989²⁸ Commission Directive No. 91/376/EEC of 25 June, 1991²⁹ Commission Directive 92/19/EEC of 23 March, 1992³⁰ , Commission Directive 96/18/EC of 19 March, 1996³¹ and Council Directive 96/72/EC of 18 November 1996³² , Council Directive 98/95/EC of 14 December 1998³³ and Council Directive 2001/64/EC of 31 August 2001.³⁴

(3) A word or expression that is used in these Regulations and is also used in the directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the directive.

Application.

3.   These Regulations shall apply to the production with a view to marketing, and to the marketing, of fodder plant seed within the Community.

For the purposes of these Regulations, “marketing” shall mean the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer aimed at commercial exploitation of seed to third parties whether or not for consideration.

Trade in seed not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded as marketing:

-     the supply of seed to official testing and inspection bodies

-     the supply of seed to providers of services for processing or packaging, provided the provider of services does not acquire title to seed thus supplied.

The supply of seed under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose, shall not be regarded as marketing, provided the provider of that service does not acquire title to either the seed thus supplied or the product of the harvest. The supplier of seed shall provide the Certification Authority with a copy of the relevant parts of the contract made with the provider of services and this shall include the standards and conditions currently met by the seed provided.

The conditions for the application of this provision shall be dertmined in accordance with the procedure laid down in Article 21 of Council Directive No. 66/401/EEC.⁽¹⁾

Official authority

4.   The Minister, or any person or body authorised by the Minister for the purpose, shall be the official authority for the State for the purposes of these Regulations and of the directive.

Marketing and Sale

5.   (1)  Subject to Regulation 6 of these Regulations and to paragraph (2) of this Regulation, fodder plant seed shall not be placed on the market unless:

(a) the seed is a variety which is.

(i)   a variety registered in the National Catalogue or

(ii)  a variety registered in the common catalogue and as regards which there is not in that catalogue an entry indicating that a prohibition on the marketing of the variety in the State has been authorised and is in force, and

(b) in the case of fodder plant seed which is of a genus or species specified in the Table to this Regulation

(i)   it has been officially certified as pre-basic seed. basic seed or certified seed, and

(ii)  it satisfies the conditions laid down in Annex II and

(c) in the case of fodder plant seed which is of a genus or species other than a genus or species specified in the Table to this Regulation,

(6)   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 ⁽¹⁾ 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⁽²⁾ 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.

Derogation from Certification and Marketing Provisions.

6.   (1) Subject to Regulation 12 of these Regulations, the Minister may where the Commission makes a decision in that regard authorise the certification and marketing of pre-basic seed and basic seed and also of certified seed of the species Trifolium pratense which is intended for the production of other certified seed, which does not satisfy the conditions laid down in Annex II in respect of germination; provided that the supplier of the seed guarantees a specific germination for the seed which guaranteed germination shall be shown on a special label giving the name and address of the supplier and the reference number of the relevant lot of seed.

(2)  (a) Subject to Regulation 12 of these Regulations and to subparagraph (b) of this paragraph, the Minister may where the official examination in respect of germination pursuant to Annex II has not concluded, authorise the official certification of pre-basic seed, basic seed or certified seed, and the marketing of those categories of seed by way of trade as far as the first buyer,

(b)  The powers conferred on the Minister by subparagraph (a) of this paragraph shall be exercised by the Minister subject to the following conditions

(i)   a provisional analytical report on the seed, which should include the germination of the seed, shall be sent to the official authority by the supplier of the seed.

(ii)  the name and address of the first buyer shall be given to the official authority by such supplier.

(iii) such supplier shall furnish to such buyer a guarantee which satisfied the Minister of the germination given in the said provisional analytical report, and

(iv) the germination so guaranteed shall be stated on a special bearing the name and address of such supplier and the reference number of the relevant lot of seed.

(3) The Minister may for such period as he shall specify authorise the marketing of seed of a variety which is not registered in the national catalogue but which is registered in a catalogue of a Member State which corresponds to the national catalogue.

(4) The Minister may, where the Commission makes a decision in that regard, authorise the marketing, for a period specified in the authorisation, of seed of a category specified in the decision subject to less stringent requirements which shall be specified therein then those of these Regulations for basic seed, certified seed or of seed of varieties included neither in the common catalogue nor in any of the national catalogues of the Member States.

(5) For a category of seed of any given variety, the official label shall be that provided for the corresponding category. For seed of varieties not included in either the common catalogue or in the national catalogue, the official label shall be that provided for commercial seed. The label shall always state that the seed in question is of a category satisfying less stringent requirements.

(6) The Minister may restrict the certification of seed of Lupinus spp., Pisum sativum, Vicia spp. and Medicago sativa to certified seed of the first generation.

(7) Subject to paragraphs (1) and (2)(a) of this Regulation, the Minister shall assist other Member States in the administration of controls.

(8) The foregoing provision of this Regulation, other than paragraph (4) shall not apply to seed imported from a third country unless such seed has been produced directly from pre-basic seed and certified as such in the State.

Closing.

7. (1) Packages of pre-basic seed, basic seed, certified seed and other than small EC B packages of certified seed shall be closed, either officially or under official supervision, in such a manner that they cannot be opened without either damaging the closing system or leaving evidence of tampering either on the official label provided in pursuance of Regulation 8(1) of these Regulation or on the package.

(2) Except where a non-reusable closing system is used, the closing system used to comply with this Regulation shall be at least comprised of either the above-mentioned label or the affixing of an official seal.

(3) Except in the case of small EC B packages, packages of pre-basic seed basic seed, certified seed shall not be reclosed on one or more occasions unless this is done officially or under official supervision. If any such packages are reclosed the fact of reclosing, the date of reclosing and the authority by whom or under whose supervision the reclosing was carried out shall be stated on the label required under Regulation 8 (1) of these Regulations.

(4) Small EC B packages shall be closed in such a manner that they cannot be opened without damaging the closing system of leaving evidence of tampering on the label or package. Such packages shall not be reclosed on one or more occasions except under official supervision.

(5) Notwithstanding the requirement of paragraphs (1) - (4) above, the Minister may authorise the marketing of certified seed in bulk to the final consumer. Such authorisation shall be subject to compliance with conditions laid down by the Minister from time to time for the marketing of seed in bulk.

Labelling.

8.  (1) The following provisions of this paragraph shall apply as regards packages of basic seed, certified seed other than small EC B packages of certified seed:

(a)  they shall be labelled on the outside with an official label (adhesive or otherwise) which has not previously been used and which gives the information and satisfies the condition as to dimensions specified in Annex IV (A) and on which such information is given in one of the official languages of the European Communities;

(b)  the colour of the said label shall be white for basic seed blue for certified seed of the first generation after basic seed and red for certified seed of subsequent generations:

(c)  when a label with a stringhole is used an official seal shall be used in relation to its attachment to the package;

(d)  where the seed is seed to which an authorisation under Regulation 6(1) of these Regulation relates, the fact that the seed does not satisfy the conditions laid down in Annex II in respect of germination and the fact that it is seed to which such an authorisation relates shall both be stated on the label:

(e)  they shall contain an official document, of the same colour as the said label, giving at least the information required -

(i)   in the case of fodder plant seed which is commercial seed, under subparagraph 2, 4 and 5 of paragraph A1 (b) of Annex IV, and

(ii)  in the case of fodder plant seed which is basic seed or certified seed, under subparagraph 3 4 and 5 of paragraph A1 (a) of Annex IV, and

(f)  the aforesaid document shall be drawn up in such a manner that it cannot be confused with the official label referred to in paragraph 1(a) of this Regulation.

 (g)  where the seed is of a variety which has been genetically modified, any label or document, official or otherwise which is affixed to or accompanies the seed lot shall clearly indicate that the variety has been genetically modified.

(h)     seed lots complying with the special conditions concerning the presence of Avena Fatua, laid down in accordance with the procedure provided for in Article 21 of Council Directive No. 66/401/EEC⁽¹⁾ should be accompanied by an official certificate attesting compliance with the said conditions.

(2) The requirements of subparagraph (e) and (f) of paragraph (1) of this Regulation shall not apply to a package to which that paragraph applied if,

(a)      the information mentioned therein is indelibly printed on the package, or

(b)      an adhesive label is used on the package or

(c)      a tear-resistant label is attached to the package.

(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,

(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.

(3) 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 or the 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” or “certified seed” of the first generation.

(viii)   if the variety of seed has been genetically modified the description “Genetically Modified Variety”

(4) Any chemical treatment of pre-basic seed, basic seed, certified seed shall be indicated either on the official label or on a supplier's label and also on the package containing the seed or inside such package.

(5) When the Minister gives an authorisation under Regulation 6(4) of these Regulations, the official label of any package of seed which is seed to which the authorisation relates shall be

(i)   in case the seed corresponds to pre-basic seed, basic seed or certified seed, of the colour which under these Regulations is appropriate for the seed to which it corresponds.

(ii)  in case it does not so correspond, brown.

and in addition to the foregoing such label shall indicate that the marketing of the seed is subject to requirements which are less stringent than those otherwise required by these Regulations.

Marketing of Mixtures

9. (1) Fodder plant seed in the form of mixtures which are not intended for the production of fodder plants and which are either -

(a)      mixtures of such seed of various genera, species or varieties or

(b)      mixtures containing fodder plant seed and seed of plants which are not fodder plants

may be marked if, and only if, the various components of the mixture complied, before mixing, with these Regulations and any other Regulations made under the European Communities Act, 1972 , relating to the marketing of seed which is not fodder plant seed and which are for the time being in force and apply to it.

(2) Fodder plant seed in the form of mixtures which are intended for the production of fodder plant and which are either -

(a)      mixtures of such seed of various genera, species or varieties or

(b)      mixtures containing fodder plant seed and seed of plants which are not fodder plants.

may be marketed if, and only if, it complies with the requirements of paragraph (1) of this Regulation and the person placing it on the market can Show, to the satisfaction of the Minister, that it has been mixed in the presence and under the supervision of a full-time officer of the official authority.

(3) Fodder plant seed in the form of mixtures shall not be marketed unless the seed is in sufficiently homogeneous lots and is in packages complying with the requirements of these Regulations modified as follows, namely that for the purposes of this paragraph Regulation 8(1) of these Regulations shall be construed as requiring the label to be green.

(4)       (a)      This paragraph applies to fodder plant seed in the form of mixtures which are intended for the production of fodder plants and either -

(i)       mixture of such seed of various genera, species or varieties, or

(ii)     mixture containing fodder plant seed and seed of plants which are not fodder plants.

(b)      Fodder plant seed to which this paragraph applies may be imported into the State only if the importer has a certificate issued by or on behalf of the official authority stating that it has been mixed in the presence of and under the supervision of a full-time officer of the official authority.

(c)      The Customs Acts shall not apply to fodder plant seed to which this paragraph applies by reason of the provisions of subparagraph (b) of this paragraph.

(d)      An authorised officer may at any time request a person who imports or has imported into the State fodder plant seed to which this paragraph applies to produce to produce to him the relevant certificate referred to in subparagraph (b) of this paragraph and the person shall comply with the request within 48 hours of its being made.

(5) Fodder plant seed in the form of-

(a)  mixtures of such seed of various genera, species or varieties, or

(b)  mixtures containing fodder plant seed and seed of plants which are not fodder plants

and which are intended for use in the preservation of the natural environment in the context of the conservation of genetic resources, may be marketed if and only if, the various components of the mixture complied, before mixing with these Regulations and any other Regulations made under the European Communities Act 1972 , relating to the marketing of seed and which are for the time being in force and apply to it.

10 (1) The Minister may, where the Commission makes a decision in that regard, set down specific conditions to take account of developments.

(a)  under which chemically treated seed may be marketed:

(b)  under which seed may be marketed in relation to the conservation in situ and the sustainable use of plant genetic resources, including seed mixtures of species which also include species listed in Art, 1 of Council Directive 70/457/EEC, and are associated with specific natural and semi-natural habitats and are threatened by genetic erosion:

(c)  under which seed suitable for organic production may be marketed.

(2)    The specific conditions referred in paragraph (1) shall include in particular the following points:

(i)   in the case of (b), the seed of these species shall be of a known provenence approved by the appropriate Authority in each Member State for marketing the seed in defined areas:

(ii)  in the case of (b), appropriate quantitive restrictions.

Sampling

11. (1) In the official examination of fodder plant seed for certification and in officially approving such seed, samples shall be officially drawn both from sufficiently homogeneous lots and in accordance with the International Rules for Seed Testing published by the International Seed Testing Association and the maximum weight of a lot of seed and the minimum weight of a sample shall be laid down in Annex III.

(2) Where an authorised officer takes a sample of seed pursuant to these Regulations, the provisions of paragraph (1) of this Regulation shall apply as regards the minimum weight of the sample and the sample shall be drawn in accordance with the Rules mentioned in that paragraph.

Fodder plant seed marketed in small quantities to the final consumer

12. Notwithstanding the non-compliance with a requirement of these Regulations as to packaging, closing or marketing, fodder plant seed may be marketed at the retail stage to the final consumer in quantities not exceeding 20 kg if, but only if the seed is taken, in the presence of the purchaser, from the package in which it was packed under official supervision and such package is, when the seed is taken from it, marked in accordance with these Regulations.

Registration etc.

13. (1) Notwithstanding Regulation 19 of these Regulations, the register which immediately before the commencement of these Regulations was known as the Register of Fodder Plant Seed Processors, Importers and Mixers shall continue in being and shall continue to be maintained by the Minister but shall henceforth be known as the Register of Fodder Plant Seed Processors, Importers, Packers and Mixers (which register is in these Regulations referred to as “the register”).

(2) (a)  A person shall not carry on the business of a seed processor a seed importer, a seed packer or a seed mixer, unless he is registered in the register as such.

(b)  Subparagraph (a) of this paragraph shall come into force on the 15th day of June, 1981, as regards persons carrying on the business of seed packers.

(3)  There shall be entered in the register the following particulars, namely :

(a)  the full name, address and description of the person registered therein,

(b)  in case a person is registered therein as a seed processor, a seed packer or a seed mixer, a description of the premises in which such person carries on the business of seed processing, seed packing or seed mixing which description shall be sufficient to identify those premises and the limits and extent thereof and also the place where the relevant fodder plant seed is stored and

(c)  such other particulars as the Minister, in the circumstances of any particular case, considers relevant.

(4) Any change in the name or address of a person registered in the register shall be notified by him to the Minister.

(5) On the application, in such form and containing such particulars as the Minister may direct, by or on behalf of a person who proposes to carry on the business of a seed processor, seed importer, seed packer or seed mixer the Minister may register the person in the register as such.

(6) Before the Minister registers any person under paragraph (5) of this Regulation the Minister shall be satisfied that :

(a)  there are available to the person such premises and facilities as are adequate to enable the person to carry on the business to which the application relates, and

(b)  in addition to the foregoing :

(i)   in case the application is for registration as a seed processor that there is so available such premises and such plant or machinery as will enable the person to process not less than fifty tonnes of fodder plant seed per year.

(ii)  in case the application is for registration as a seed mixer, that there is so available such premises and such plant or machinery as will enable the person to mix not less than twenty tonnes of fodder plant seed per year.

(7) Whenever the Minister proposes to refuse an application for registration in the register he shall, before doing so, notify in writing the applicant for registration of his intention and of the reasons therefor, and, if any representations are made to the Minister by the applicant within several days after the giving of the notification, the Minister shall consider them.

(8) In this Regulation:-

“seed importer” means a person who imports fodder plant seed in any quantity exceeding 2 kg and “importer” shall be construed accordingly;

“seed mixer” means a person who mixes and who does not otherwise process (apart from measuring) fodder plant seed;

“seed packer” means a person who in the course of a business packs seed into small EC packages;

“seed processor” means a person who assemble, dries, cleans, treats, mixes or otherwise processes (apart from measuring) fodder plant seed which is intended for sale and “seed processing” and “seed process” shall be construed accordingly.

Records, returns, etc.

14. (1) Any person who carries on the business of processing, mixing packing or marketing fodder plant seed (including the importation and storage of such seed) shall:

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

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

(c)    permit any such 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,

(d)    afford to any such officer reasonable facilities for inspecting the stock of any such seed on any premises on which such person carries on such a business,

(e)    give to an authorised officer any information he may reasonably require in relation to such transactions including in particular information which he may reasonably require regarding any fodder plant seed specified by him, whether imported from other Member States or from third countries.

(2) A person who imports (whether from another Member State or from a third country) a quantity of fodder plant seed exceeding 2 kg shall, at the time of importation, furnish to the Minister in writing the following particulars regarding the seed, namely, the species, variety, category, country of production, name of the relevant official authority, country of dispatch and quantity of the seed.

(3) A person who markets a quantity of fodder plant seed exceeding 2 kg. imported from a third country shall, at the time of marketing, furnish to the Minister in writing the following particulars regarding the seed, namely, the species, variety, category, country of production, name of the relevant official authority, country of dispatch, importer and quantity of the seed.

Powers of authorised officer

15. (1) In addition to the powers conferred by Regulation 13 of these Regulations, an authorised officer may at any reasonable time enter and inspect any premises in which he/she has reasonable grounds for believing that the business of processing, mixing, packing or marketing or of importing or exporting fodder plant seed is carried on, or any other premises in which he/she so believes such seed to be kept, being seed which he/she so believes to have been landed or otherwise brought into the State, or any railway wagon, vehicle, ship, vessel or aircraft in which he so believes such seed to kept, and any such officer may examine the stock and take samples of any fodder plant seed which he/she finds in the course of his/her inspection.

(2) Where a sample is taken pursuant to this Regulation, the authorised officer concerned shall -

(a)      notify forthwith the appropriate person that the sample is so taken, and

(b)      if so required by the appropriate person at the time of the giving of the notification, take a second sample, which shall be like the sample already so taken, and mark and leave it with the appropriate person.

And in case a second sample is left pursuant to a requirement under this Regulation, the person making the requirement may cause the sample to be tested, examined or analysed.

(3) Any person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him/her under this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €250.

(4) The Minister shall furnish an authorised officer with a certificate of his/her 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.

(5) In this Regulation-

“the appropriate person” means:

(a)      in relation to premises, any person who appears to an authorised officer to be, for the time being, in charge of the premises.

(b)      in relation to a railway wagon, vehicle, ship, vessel or aircraft, the owner thereof or person who is for the time being in charge thereof or the agent of such owner.

Minister may require certain seeds to be disposed of.

16. (1) Where a sample of seed is taken pursuant to these Regulations by an authorised officer and is found on official examination not to comply with a requirement of these Regulations, then the Minister may require that the seed shall be destroyed or otherwise disposed of in such manner as the Minister shall determine.

(2) In case the Minister makes a requirement under this Regulation the following provisions shall apply:

(a)      he shall inform in writing of the requirement the person who is in possession or control of the seed to which the requirement relates.

(b)      where such person is so informed, pending the disposal of such seed in accordance with the requirement, the seed shall be moved only with the consent of an authorised officer. and

(c)      such person shall dispose of the seed, or cause or permit it to be disposed of, only in accordance with the requirement.

Prosecution of Offences.

17. An Offence under these Regulations may be prosecuted by the Minister.

Penalty

18. A person who contravenes these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500 or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

Saver

19. Nothing in these Regulations shall be construed as affecting a provision of any statute, whether passed before or after the making of these Regulations, which is a provision for the protection of human life or health animal life or health, plant life or health, or industrial or commercial property.

Certification and Testing Fees

20. Fees shall be payable to the Minister in relation to the certification and testing of fodder plant for the purposes of these Regulations. The current charges are prescribed in Schedule II to the Regulations.

Revocation

21. The following regulations are hereby revoked:

(1)     The European Communities (Seed of Fodder Plants) Regulations 1981 ( S.I. No. 122 of 1981 )

(2)     The European Communities (Seed of Fodder Plants) Regulations 1986 ( S.I. No. 259 of 1986 )

(3)     The European Communities (Seed of Fodder Plants) Regulations 1987 ( S.I. No. 171 of 1987 ).

(4)     The European Communities (Seed of Fodder Plants) Regulations 1988 ( S.I. No. 161 of 1987 )

 (5)        The European Communities (Seed of Fodder Plants) Regulations 1989 ( S.I. No. 173 of 1989 )

(6)       The European Communities (Seed of Fodder Plants) Regulations 1990 ( S.I. No. 214 of 1990 )

(7)       The European Communities (Seed of Fodder Plants) Regulations 1991 ( S.I. No. 110 of 1991 )

(8)       The European Communities (Seed of Fodder Plants) Regulations 1991 ( S.I. No. 179 of 1991 )

(9)       The European Communities (Seed of Fodder Plants) Regulations 1992 ( S.I. No. 199 of 1992 )

(10)     The European Communities (Seed of Fodder Plants) (Amendment (No. 2) Regulations, 1992 ( S.I. No. 234 of 1992 )

(11)     The European Communities (Seed of Fodder Plants) (Amendment (No. 3) Regulations, 1990 ( S.I. No. 370 of 1992 )

(12)     The European Communities (Seed of Fodder Plants) Regulations 1993 ( S.I. No. 230 of 1993 )

(13)     The European Communities (Seed of Fodder Plants) Regulations 1994 ( S.I. No. 212 of 1994 )

(14)     The European Communities (Seed of Fodder Plants) Regulations 1995 ( S.I. No. 224 of 1995 )

(15)     The European Communities (Seed of Fodder Plants) Regulations 1996 ( S.I. No. 326 of 1996 )

(16)     The European Communities (Seed of Fodder Plants) Regulations 1997 ( S.I. No. 53 of 1997 )

(17)     The European Communities (Seed of Fodder Plants) (Amendment (No. 2) Regulations, 1997 ( S.I. No. 356 of 1997 )

(18)     The European Communities (Seed of Fodder Plants) Regulations 1998 ( S.I. No. 294 of 1998 )

(19)     The European Communities (Seed of Fodder Plants) Regulations 1999 ( S.I. No. 199 of 1999 )

SCHEDULE I

ANNEX 1

CONDITIONS TO BE SATISFIED BY THE CROP

1. The previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop. and the field shall be sufficiently free from such plants that are volunteers from previous cropping.

2. The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination:

These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.

3. Plants of other species, the seeds of which are difficult to distinguish from the crop seeds in a laboratory test, shall be at a low level.

In particular, crops of Lolium species or X Festulolium shall conform to the following conditions: the number of plants of a Lolium species X Festulolium other than the crop species shall not exceed:

-        one per 50 m² for the production of basic seed.

-        one per 10 m² for the production of certified seed.

4. The crop shall have sufficient varietal identity and varietal purity. In particular, crops other than those of the species Pisum sativum, Vicia faba Brassica napus var, napobrassica, Brassica oleracea convar, acephala or of Poa pratensis 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.

In the case of Poa pratensis, the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed:

-        one per 20 m² for the production of basic seed.

-        four per 10 m² for the production of certified seed.

However, in the case of varieties which are officially classified as ‘apomictic uniclonal varieties’ under agreed procedures, a number of plants recognisable as not being true to the variety, which does not exceed six per 10 m², may be regarded as satisfying the aforementioned standards for the production of certified seed. However, in the case of the species Pisum sativum, Vicia faba, Brassica napus var, napobrassica, Brassica oleracea convar, acephala, only the first sentence of this paragraph is applicable.

5. Harmful organisms, which reduce the usefulness of the seed, shall be at the lowest possible level.

6. The satisfaction of the above mentioned standards or other conditions shall be examined in official field inspections.

These field inspections shall be carried out in accordance with the following conditions:

A.    The condition and the stage of development of the crop shall permit an adequate examination.

B.    There shall be at least one field inspection.

C.    The size, the number and the distribution of the portions of the field to be inspected in order to examine the satisfaction of the provisions of this Annex shall be determined in accordance with appropriate methods.

ANNEX II

CONDITIONS TO BE SATISFIED BY THE SEED

1. CERTIFIED SEED

1. (a)  The seed shall have sufficient varietal identity and purity.

(b)  In particular, seeds of the species listed below shall conform to the following standards or other conditions.

(c)  The minimum varietal purity shall be -

-         Poa pratensis, varieties referred to in the second part of the third sentence of paragraph 4 of Annex I: 98 per cent;

-         Pisum sativum, Vicia faba, Brassica napus var, napobrassica and Brassica oleracea convar, acephala.

-        certified seed, 1^st generation: 99 per cent:

-        certified seed, 2^nd and subsequent generation: 98 per cent;

(d)  The minimum varietal purity shall be examined mainly in field inspection carried out in accordance with the conditions laid down in Annex I.

2. The seed shall conform to the following standards or other conditions as regards germination, analytical purity and content of seeds of other plant species, including Lupin seeds of another colour and of bitter Lupin seeds:

A. Table:

B. Standards or other conditions applicable where reference is made to them in the table under Section 1 (2) (A) of this Annex:

(a)      All fresh and healthy seeds which do not germinate after pre-treatment shall be regarded as seeds which have germinated.

(b)      Up to the maximum quantity indicated hard seed present shall be regarded as seed capable of germination.

(c)      A maximum total of 0.8% by weight of seeds of other Poa species shall not be regarded as an impurity.

(d)      A maximum of 1% by weight of seeds of Trifolium pratense shall not be regarded as an impurity.

(e)      A maximum total of 0.5% by weight of seeds of Lupinus albus, Lupinus angustifolius, Lupinus luteus, Pisum sativum, Vicia faba, Vicia pannonica Vicia sativa, Vicia villosa in another relevant species shall not be regarded as an impurity.

(f)       The prescribed maximum percentage by weight of seeds of a single species shall not apply to seeds of Poa spp.

(g)      A maximum total of one seed of Avena fatua, Avena ludoviciana, Avena sterilis in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of these species.

(h)      The presence of one seed of Avena fatua, Avena ludoviciana, Avena sterilis in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of twice the prescribed weight is free from any seeds of these species.

(i)       The determination of seeds of Avena fatua, Avena ludoviciana, Avena sterilis by number need not be carried out unless there is doubt whether the conditions laid down in column 12 have been satisfied.

(j)       The determination of seeds of Cuscuta spp. by number need not be carried out unless there is doubt whether the conditions laid down in column 13 have been satisfied.

(k)      The presence of one seed of Cuscuta spp. in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of Cuscuta spp.

(l)       The weight of the sample for the determination of seeds of Cuscuta spp. by number shall be twice the weight specified in column 4 of Annex III for the relevant species.

(m)     The presence of one seed of Cuscuta spp. in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of twice the prescribed weight is free from any seeds of Cuscuta spp.

(n)      The determination of seeds of Rumex spp. other than Rumex acetosella and Rumex maritimus by number need not be carried out unless there is doubt whether the conditions laid down in column 14 have been satisfied.

(o)      The percentage by number of Lupin seeds of another colour shall not exceed:

(p)     The percentage by number of bitter Lupin seeds in varieties other than bitter Lupin shall not exceed 2.5 per cent.

3. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

II. BASIC SEED

Subject to the provisions below, the conditions laid down in Section 1 of this Annex shall apply to basic seed:

1.       The seed of Pisum sativum, Brassica napus var. napobrassica, Brassica oleracea convar. acephala. Vicia faba and of varieties of Poa pratensis referred to in the second part of the third sentence of paragraph 4 of Annex I shall conform to the following standards or other conditions:

(a)      The minimum varietal purity shall be 99.7 per cent.

(b)      The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.

2.       The seed shall satisfy the following standards or other conditions:

B.        Standard or other conditions applicable where reference is made to them in the table under Section II (2) (A) of this Annex:

(a)      A maximum total of 80 seeds of Poa spp. shall not be regarded as an impurity.

(b)      The condition laid down in column 3 is not applicable to the seeds of Poa spp. The maximum total content of seeds of Poa spp. other than the species to be examined shall not exceed one in a sample of 500 seeds.

(c)      A maximum total of 20 seeds of Poa spp. shall not be regarded as an impurity.

(d)      The determination of seeds of Melilotus spp. by number need not be carried out unless there is doubt whether the conditions laid down in column 7 have been satisfied.

(e)      The presence of one seed of Melilotus spp. in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of twice the prescribed weight is free from any seeds of Melilotus spp.

(f)       The condition (c) laid down in Section 1 (2) of this Annex is not applicable.

(g)      The condition (d) laid down in Section 1 (2) of this Annex is not applicable.

(h)      The condition (e) laid down in Section 1 (2) of this Annex is not applicable.

(i)       The condition (f) laid down in Section 1 (2) of this Annex is not applicable.

(j)       The condition (k) and (m) laid down in Section 1 (2) of this Annex are not applicable.

(k)      The percentage by number of bitter Lupin seeds in varieties other than bitter Lupin shall not exceed 1%.

ANNEX III

LOT AND SAMPLE WEIGHTS

The maximum lot weight shall not be exceeded by more than 5 per cent.

ANNEX IV

MARKING

A       Official label

I.        Information required

(a)  For basic seed and certified seed:

1.  “EC rules and standards”.

2.  Certification authority and Member State or their initials.

3.  Reference number of lot.

3(a)    month and year of sealing expressed thus: “sealed...” (month and year)

or

month and year of the last official sampling for the purposes of certification expressed thus: “sampled...” (month and year).

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

5.  Variety indicated at least in roman characters.

6.  Category.

7.  Country of production.

8.  Declared net or gross weight or declared number of pure seeds.

9.  Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.

10.  For certified seed of the second generation and subsequent generations after basic seed: number of generations after basic seed.

11.  For seed of grass varieties which have not been subjected to tests for their cropping value and use in accordance with Article 4(2)(a) of Council Directive No. 70/457/EEC of 29 September 1970 concerning the common catalogue of species of agricultural plants: “Not intended for the production of fodder plants”.

12.  Where at least germination has been retested, the words “retested.... (month and year)” and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.

(*) For lupins, it should be specified whether they are bitter or sweet lupins.

(b) For mixtures of seeds:

1.       “Mixture of seed for........(intended use)”.

2.       Authority responsible for sealing and Member State or their initials.

3.       Reference number of lot.

3(a)    Month and year of sealing expressed thus “sealed.....” (month and year).

4.       Percentage by weight of the various components shown by species and, where appropriate, by variety both indicated at least in roman characters; it is sufficient to give the name of the mixtures if the percentage by weight has been notified in writing to the purchaser and officially recorded.

5.       Declared net or gross weight or declared number of pure seeds.

6.       Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight.

7.       Where at least germination of all the components of the mixture has been retested the words “retested.......(month and year)” and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.

II.       Minimum dimensions

110 × 67mm.

B.       Supplier's label or information on the packaging (small EEC package information required.

(a) Certified seed:

1.       “Small EC B package”.

2.       Name and address of the supplier responsible for marking or his identification mark.

3.       Officially assigned serial number.

4.       Service which assigned the serial number and name of Member State or their initials.

5.       Reference number if the official serial number does not enable the certified seed lot to be identified.

6.       Species.

7.       Variety indicated at least in roman characters.

8.       Category.

9.       Net or gross weight or number of pure seeds.

10.     Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the appropriate ratio between the weight of pure seed and the total weight.

11.     For seed of grass varieties which have not been subjected to tests for their cropping value and use in accordance with Article 4(2)(a) of Council Directive No. 70/457/EEC of 29 September 1970 concerning the common catalogue of species of agricultural plants: “not intended for the production of fodder plants”.

(b)      Seed mixtures.

1.       “Small EC A package” or “small EC B package”.

2.       Name and address of the supplier responsible for marking or his identification mark.

3.       Small EC B package: officially assigned serial number.

4.       Small EC B package: service which assigned the serial number and name of Member State or their initials.

5.       Small EC B package: reference number if the official serial number does not enable the used seed lots to be identified.

6.       Small EC A package: reference number enabling the used seed lots to be identified.

7.       Small EC A package: Member State or its initials.

8.       “Seed mixture for..........(intended use)”.

9.       Net weight or gross weight or number of pure seeds.

10.     Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seed and the total weight.

11.     Percentage by weight of the various components shown by species and, where appropriate, by variety, both indicated at least in roman characters: it is sufficient to give part of this information, as Member States may prescribe for small packages produced in their territory and a reference to the kind of mixtures if the proportion by weight can be communicated to the purchaser on request and has been officially recorded.

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.

SCHEDULE II

The following fees shall be payable to the Minister in relation to the

Certification and Testing of fodder plant for the purposes of these Regulations:

A.       CERTIFICATION FEES

B. SEED TESTING FEES

⁽¹⁾ OJ No 125/2298, 11 July, 1966

⁽¹⁾ OJ No 125/2298, 11 July, 1966.

¹ OJ No L48/8, 26 February, 1969.

² OJ No L87/24, 17 April, 1971.

³ OJ No L171/37, 29 July, 1972.

⁴ OJ No L287/22, 26 December, 1972.

⁵ OJ Special Edition p. 14, 27 March, 1972.

⁶ OJ No L2/1, 1 January, 1973.

⁷ OJ No L356/79, 27 December, 1973.

⁸ OJ No L196/6, 26 July, 1975

⁹ OJ No L16/23, 20 January, 1978

¹⁰ OJ No L113/1, 25 April, 1978.

¹¹ OJ No L236/13, 25 August, 1978.

¹² OJ No L350/27, 14 December 1978.

¹³ OJ No L183/13, 19 July, 1979.

¹⁴ OJ No L205/1, 13, August, 1979.

¹⁵ OJ No L207/36, 9 August, 1980.

¹⁶ OJ No L67/36, 12 March, 1981

¹⁷ OJ No L131/24, 13 May, 1982

¹⁸ OJ No L76/21, 22 March, 1983

¹⁹ OJ No L16/41, 19 January, 1985.

²⁰ OJ No L93/21, 8 April, 1986.

²¹ OJ No L118/23, 7 May, 1986.

²² OJ No L49/39, 18 February, 1987.

²³ OJ No L155/26, 16 June, 1987

²⁴ OJ No. L273/43, 26 September, 1987

²⁵ OJ No. L187/31, 16 July, 1988

²⁶ OJ No. L261/27, 21 September, 1988

²⁷ OJ No. L196/50, 12 July, 1989

²⁸ OJ No. L38/36, 10 February, 1989

²⁹ OJ No. L203/108, 26 July, 1991

³⁰ OJ No. L104/61, 22 April, 1992

³¹ OJ No. L76/21, 26 March, 1996

³² OJ No. L304/10, 27 November, 1996

³³ OJ No. L25/1 of 01 February, 1999

³⁴ OJ No. L234 of 01 September 2001

⁽¹⁾ O.J. No. 125/2298. 11 July 1966

⁽¹⁾ O.J. No. L240/26 of 12 September, 1980

⁽²⁾ O.J. No. L195/1 of 26 July, 1985.

⁽¹⁾ O.J. No. 125/2298, 11 July 1966