S.I. No. 37/1981:

EUROPEAN COMMUNITIES (BEET SEED) REGULATIONS, 1981

EUROPEAN COMMUNITIES (BEET SEED) REGULATIONS, 1981

I, RAY MacSHARRY, 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 Council Directive No. 66/400/EEC of 14th June, 1966, as amended, hereby make the following regulations.

1. These Regulations may be cited as the European Communities (Beet Seed) Regulations, 1981, and shall come into operation on the 1st day of February, 1981.

2. (1) In these Regulations--

"Annex I" means Annex I to the directive, which Annex is contained in the Schedule hereto;

"Annex II' means Annex II to the directive, which Annex is contained in the Schedule hereto;

"Annex III' means Annex III to the directive, which Annex is contained in the Schedule hereto;

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

"basic seed" means seed of beet which,

( a ) has been produced under the responsibility of the breeder according to well-defined practices for the maintenance of the type or variety,

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

( c ) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I 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;

"beet" means sugar and fodder beet of the species Beta vulgaris L.

"certified seed" means seed of beet which,

( a ) has been produced directly from pre-basic seed or basic seed,

( b ) is intended for the production of beet,

( c ) subject to Regulation 6 of these Regulations, satisfies the conditions for certified seed as laid down in Annex I, 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 European Communities in the Official Journal of the European Communities;

"the directive" means Council Directive No. 66/400/EEC of 14th June, 1966¹, as amended by the directives, act and decision specified in paragraph (2) of this Regulation;

¹OJ. No. 125/2290, 11 July, 1966.

"Member State" means a Member State of the European Communities;

"the Minister" means the Minister for Agriculture;

"monogerm seed" means genetically monogerm seed of beet which satisfies the special conditions for such seed laid down in paragraph B of Annex I;

"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);

"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 work or measures in connection with the certification, examination, sampling or sealing of beet seed or any other work or measures relevant to the provisions of the directive or these Regulations or any similar authority in a third country;

"pre-basic seed" means seed of beet of generartions prior to basic seed which,

( a ) has been produced under the responsibility of the breeder according to well-defined practices for the maintenance of the type or 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 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;

"precision seed" means seed of beet intended for use in precision drills which satisfies the special conditions for such seed laid down in paragraph B of Annex I;

"small EEC packages" means packages containing the following seed:

( a ) certified seed which is monogerm or precision seed not exceeding 100,000 clusters or grains or a net weight of 2.5 kg. excluding, where contained in the package, granulated pesticides, pelleting substances or other solid additives, or

( b ) certified seed, other than monogerm or precision seed, not exceeding a net weight of 10 kg. excluding, where 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.

(2) The directives, act and decision referred to in the definition of "the directive" in paragraph (1) of this Regulation are Council Directive No. 69/61 EEC of 18th February, 1969¹, Council Directive No. 71/162/EEC of 30th March, 1972², Council Directive No. 72/274/EEC of 20th July, 1972³, Council Directive No. 7¾18/EEC of 6th December, 1972⁴, Act of Accession⁵ and Council Decision of 1st January, 1973⁶, Council Directive No. 7¾38/EEC of 11th December, 1973⁷, Council Directive No. 75/444/EEC of 26th June, 1975⁸ First Commission Directive No. 76/331/EEC of 29th March, 1976⁹, Council Directive No. 78/55/EEC of 19th December, 1977¹⁰, and Council Directive No. 78/692/EEC of 25th July, 1978¹¹.

¹OJ No. L48/4, 26 February, 1969.

²OJ No. L87/24, 17 April, 1971.

³OJ No. L171/37, 29 July, 1972.

⁴OJ No. L287/22, 26 December, 1972.

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

⁶OJ No. L2/1, 1 January, 1973.

⁷OJ No. L356/79, 27 December, 1973.

⁸OJ No. L196/6, 26 July, 1975.

⁹OJ No. L83/34, 30 March, 1976.

¹⁰OJ No. L16/23, 20 January, 1978.

¹¹OJ No. L236/13, 26 August, 1978.

(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.

3. These Regulations apply to beet seeds other than beet seed which is shown to the satisfaction of the Minister to be intended for export to a third country.

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.

5. (1) Subject to Regulation 6 of these Regulations and to paragraph (2) of this Regulation, beet 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 ) it has been officially certified as pre-basic seed, basic seed or certified seed, and it satisfies the conditions laid down in Annex I, and

( c ) the seed is in sufficiently homogeneous lots and in packages complying with the requirements of these Regulations, and

( d ) in case the seed is harvested in a third country it is of a kind to which the declaration contained in Article I of the Sixth Council Decision on the equivalence of seed produced in third countries (O.J. No. L 240 of 12 September 1980) relates.

(2) The requirements of paragraph (1) of this Regulation shall not apply to the following beet seed, namely:

( a ) seed intended for tests or scientific purposes,

( b ) seed intended for selection work,

( c ) seed which has not been processed and which is marketed for processing, and as regards which the official authority is satisfied that appropriate measures have been taken to ensure the identity of the seed.

6. (1) Subject to Regulation 10 of these Regulations, the Minister may authorise the certification and marketing of pre-basic seed and basic seed which does not satisfy the conditions laid down in Annex I 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 10 of these Regulations and to sub-paragraph (b) of this paragraph, the Minister may, where the official examination in respect of germination pursuant to Annex I 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 satisfies the Minister of the germination given in the said provisinal analytical report, and

(iv) the germination so guaranteed shall be stated on a special label 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, than those of these Regulations for pre-basic seed, basic seed or certified seed, or of seed of varieties included neither in the common catalogue nor in the national catalogues of the Member States.

(5) The foregoing provisions 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 basic seed and certified as such in the State.

7. (1) Packages of pre-basic seed, basic seed or certified seed, other than small EEC 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 Regulations 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 EEC packages, packages of pre-basic seed, basic seed or 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 EEC packages shall be closed in such a manner that they cannot be opened without damaging the closing system or leaving evidence of tampering on the label or package. Such packages shall not be reclosed on one or more occasions except under official supervision.

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

( a ) they shall be labeled on the outside with an official label (adhesive or otherwise) which has not previously been used and which gives the information and satisfies the requirements as to dimensions specified in Annex III(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 and blue for certified seed;

( c ) when a label with a stringhold 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 Regulations relates, the fact that the seed does not satisfy the conditions laid down in Annex I 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 under paragraph 3, 4, 5, 10 and 11 of Annex III(A), 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.

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

(3) Paragraph (I) 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, and

( b ) the label shall,

(i) give the following information, namely, the species and variety of the seed, the official authority by whom the seed was certified and the Member State by which the authority is designated, the reference number of the relevant lot of seed and the number of generations preceding certified seed, the month and year of closing or month and year of the last official sampling for the purposes of certification, and

(ii) bear thereon the words "pre-basic seed".

(4) Small EEC packages shall bear on the outside, in accordance with paragraph B of Annex III, either a supplier's label, a printed notice or a stamp in one of the official languages of the European Communities. In the case of transparent packages the said label or notice may be placed inside the package provided it can be read through the package. The colour of the said label, notice or stamp shall be blue.

(5) Where pre-basic seed, basic seed or certified seed has been chemically treated, this fact 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.

(6) 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.

9. (1) In the official examination of beet seed for certification, 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 as laid down in Annex II.

(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.

10. Notwithstanding the non-compliance with a requirement of these Regulations as to packaging, closing or marking, beet seed may be marketed at the retail stage to the final consumer in quantities not exceeding whichever of the quantities specified in the definition in Regulation 2 of these Regulations of "small EEC packages" is appropriate having regard to the type of seed if, but only if, the seed is taken, in the presence of the purchaser, from the package in which it was packed under the supervision of officers of the Minister and such package is, when the seed is taken from it, marked in accordance with these Regulations.

11. (1) Notwithstanding Regulation 18 of these Regulations, the register which immediately before the commencement of these Regulations was known as the Register of Beet Seed Processors and Importers shall continue to be maintained by the Minister but shall henceforth be known as the Register of Beet Seed Processors, Importers and Packers (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 or a seed packer unless he is registered in the register as such.

( b ) Subparagraph (a) of this paragraph shall come into effect on the 1st day of April 1981, as regards persons carrying on the business of a seed packer.

(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 or a seed packer, a description of the premises in which such person carries on the business of seed processing or seed packing which description shall be sufficient to identify those premises and the limits and extent thereof and also the place where the relevant beet 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 or seed packer, 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 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.

(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 therefore, and, if any representations are made to the Minister by the applicant within seven days after the giving of the notification, the Minister shall consider them.

(8) In this Regulation:--

"seed importer" means a person who imports beet seed in any quantity exceeding 2 kg and "importer" shall be construed accordingly;

"seed processor" means a person who assembles, dries, cleans, treats, mixes of otherwise processes beet seed which is intended for sale and "seed processing" shall be construed accordingly;

"seed packer" means a person who in the course of business packs small EEC packages.

12. (1) Any person who carries on the business of processing, packing or marketing beet 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 beet 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 beet 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.

13. (1) In addition to the powers conferred by Regulation 12 of these Regulations, 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 processing, packing or marketing, or of importing or exporting, beet seed is carried on, or at any other premises in which he so believes such seed to be kept, being seed which he 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 be kept, and any such officer may examine the stock and take samples of any beet seed which he finds in the course of his 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 under this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

(4) 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,

(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.

14. (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 speed 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.

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

16. A person who contravenes these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400 or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

17. 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.

18. The European Communities (Beet Seed) Regulations, 1976 and 1977 ( S.I. No. 230 of 1976 and S.I. No. 178 of 1977 ) are hereby revoked.

SCHEDULE

ANNEX I

CONDITIONS FOR CERTIFICATION

A. THE CROP

1. The crop shall have sufficient identity and purity of variety.

2. The seed producer shall submit all the multiplications of a given variety of seed for examination by the certification authority.

3. There shall be at least one official field inspection and in the case of basic seed at least two such inspections, one of stecklings and one of the seed-producing plants.

4. The cultural condition of the field and the stage of development of the crop shall be such as to permit identity and varietal purity to be adequately checked.

5. The minimum distances from neighbouring seed producing crops shall be:

These distances apply also to isolation from plants or fields of beet grown for root production and flowering at the same time as the plants in the seed production fields.

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

B. THE SEED

1. The seed shall have sufficient identity and purity of variety.

2. Diseases which reduce the usefulness of the seed shall be at the lowest possible level.

3. The seed shall also satisfy the following conditions:

(a)

The percentage by weight of other seeds shall not exceed 0.3 including not more than 0.1 weed seeds. For this purpose at least 200 grammes of the sample shall be examined.

( b ) Special conditions for monogerm seed and for precision seed.

(aa) Monogerm seed:

At least 90% of the germinated clusters shall give single seedlings.

The percentage of clusters giving three or more seedlings shall not exceed five, calculated on the germinated clusters.

(aa) ( a ) Precision seed of sugar beet:

At least 70% of the germinated clusters shall give single seedlings. The percentage of clusters giving three or more seedlings shall not exceed five, calculated on the germinated clusters.

( bb ) Precision seed of fodder-beet:

In the case of varieties with a percentage of diploids exceeding 85, at least 58% of the germinated clusters shall give single seedlings. In the case of all other seeds, at least 63% of the germinated clusters shall give single seedlings. The percentage of clusters giving three or more seedlings shall not exceed 5, calculated on the germinated clusters.

ANNEX II

ANNEX III

MARKING

GIVEN UNDER my Official Seal, this 29th day of January 1981.

RAY MacSHARRY,

Minister for Agriculture.

EXPLANATORY NOTE

The Regulations--

(1) provide that beet seed may not be marketed unless it has been certified, closed and labeled in accordance with the EEC Directives on the marketing of beet seed;

(2) provide that beet seed may not be marketed unless it is seed of a variety registered in the National Catalogue or in the EEC Common Catalogue;

(3) provide for the registration by the Minister for Agriculture of any person who carries on the business of processing, importing and packing of beet seed;

(4) revoke earlier Regulations made under the European Communities Act, 1972 , relating to such seeds.