Opean Communities (Seed of Oil Plants and Fibre Plants) Regulations
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Seed of Oil Plants and Fibre Plants) Regulations 2003.
Interpretation
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paragraphs: (1) In these Regulations —
“Annex I” means Annex I to the Directive;
“Annex II” means Annex II to the Directive;
“Annex III” means Annex III to the Directive;
“Annex IV” means Annex IV to the Directive;
“Annex V” means Annex V to the Directive;
“authorised officer” means an officer of the Minister appointed under Regulation 13;
“basic seed” means seed of varieties 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 certified seed of any category,
(c) subject to Regulation 7 satisfies the conditions laid down in Annex I for basic seed crop production and Annex II for basic seed, and
(d) has satisfied on official examination the said conditions;
“certified seed”, except in the expression “certified seed of the first generation”, “certified seed of the second generation”, “certified seed of the third generation” and “certified seed of any category”, means, except where the context otherwise requires, seed of turnip rape or swede rape which,
(a) has been produced directly from pre-basic seed or basic seed,
(b) is intended for purposes other than the production of seed of oil plants or fibre plants,
(c) subject to Regulation 7, satisfies the conditions laid down in Annex I for certified seed crop production and Annex II for certified seed, and
(d) has satisfied on official examination the said conditions;
“certified seed of any category” means seed which is certified seed, certified seed of the first generation, certified seed of the second generation and certified seed of the third generation;
“certified seed of the first generation” means seed of flax or linseed which —
(a) has been produced directly from pre-basic seed or basic seed,
(b) is intended either for —
(i) the production of certified seed of the second generation or of certified of the third generation, or
(ii) purposes other than the production of seed of oil plants or fibre plants,
(c) subject to Regulation 7, satisfies the conditions laid down in Annex I for certified seed crop production and Annex II for certified seed of the first generation, and
(d) has satisfied on official examination the said conditions;
“certified seed of the second generation” means seed of flax or linseed which —
(a) has been produced directly from pre-basic seed, basic seed or certified seed of the first generation,
(b) is intended either for —
(i) the production of certified seed of the third generation, or
(ii) purposes other than the production of seed of oil plants or fibre plants,
(c) subject to Regulation 7, satisfies the conditions laid down in Annex I for certified seed crop production and Annex II for certified seed of the second generation, and
(d) has satisfied on official examination the said conditions;
“certified seed of the third generation” means seed of flax or linseed which,
(a) has been produced directly from pre-basic seed, basic seed, certified seed of the first generation or certified seed of the second generation,
(b) is intended for purposes other than the production of seed of oil plants or fibre plants,
(c) subject to Regulation 7, satisfies the conditions laid down in Annex I for certified seed crop production and Annex II for certified seed, and
(d) has satisfied on official examination 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;
“Decision of 2002” means Council Decision 2003/17/EC of 16 December 20024 as amended by Council Decision 2003/403/EC of 26 May 20035 ;
“Directive” means Council Directive 2002/57/EC of 13 June 2002 as amended by Council Directive 2002/68/EC of 19 July 2002 and Commission Directive 2003/45/EC of 28 May 2003;
“Member State” means a Member State of the European Communities;
“Minister” means the Minister for Agriculture and Food;
“National Catalogue” means the National Catalogue of Agricultural Plant Varieties maintained by the Minister under the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations 2002 ( S.I. No. 525 of 2002 )
“official authority” means the authority officially designated by a Member State to implement the Directive or any similar authority in a third country;
“official examination” means an examination carried out by an official authority;
“oil plants and fibre plants” means any one or more or all of the plants of the following genera and species intended for agricultural production:
Brassica rapa L. var
silvestris (Lam.) Briggs
Turnip rape
Brassica napus L. (partim)
Swede rape
Linum usitatissimum L.
Flax, linseed;
and shall not include the seed of oil plants and fibre plants intended for ornamental purposes;
“pre-basic seed” means seed of varieties 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 of any category,
(c) subject to Regulation 7, satisfies the conditions laid down in Annex I for basic seed crop production and Annex II for basic seed, and
(d) has satisfied on official examination the said conditions:
“seed importer” means a person who imports seed of oil plants or fibre plants in any quantity exceeding 2 kilograms and “importing” shall be construed accordingly;
“seed processor” means a person who assembles, dries, cleans, treats, mixes or otherwise processes seed of oil plants or fibre plants which is intended for sale and “processing” shall be construed accordingly;
“seed packer” means a person who in the course of business packs certified seed in packages the net weight of which does not exceed 10 kilograms excluding, where appropriate granulated pesticides, pelleting substances or other solid additives, and “packing” shall be construed accordingly.
“third country” means a country or territory which is not a Member State
(2) A word or expression that is used in these Regulations and is also used in the Directive has unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.
(3) (a) A reference to a Regulation, is to a Regulation to these Regulations, unless it is indicated that reference to some other Regulations is intended, and
(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
Application
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paragraphs: These Regulations apply to the production with a view to marketing and to the marketing of seed of oil plants and fibre plants intended for agricultural production.
Official authority
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paragraphs: The Minister or any person 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
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paragraphs: (1) Subject to Regulation 7 and to paragraph (2), a person shall not place seed of oil plants or fibre plants on the market unless —
(a) the seed is of a variety or a varietal association which is registered —
(i) in the National Catalogue, or
(ii) in the Common Catalogue, where there is no prohibition on the marketing of that variety or varietal association in the State,
(b) it has been officially certified as pre-basic seed, basic seed or certified seed of any category,
(c) the seed is in sufficiently homogeneous lots and in packages complying with these Regulations, and
(d) where the seed is harvested in a third country, it is of a species contained in the Decision of 2002 on the equivalence of seed produced in third countries relates.
(2) Notwithstanding paragraph (1), bred seed of generations prior to basic seed, subject to the conditions set down at Regulation 9 (5) may be placed on the market.
(3) Notwithstanding paragraph (1), the official authority may authorise producers in its own territory to place on the market—
(a) small quantities of seed for scientific purposes or selection work, and
(b) appropriate quantities of seed for other test or trial purposes, provided it belongs to varieties for which an application for entry in the National Catalogue has been submitted, subject to satisfying conditions as the Minister may from time to time determine.
(4) The Minister may determine conditions under which —
(a) chemically treated seed may be marketed,
(b) 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 Article 1 of Council Directive 70/457/EEC of 29 September 19706 , and are associated with specific natural and semi-natural habitats and are threatened by genetic erosion, and
(c) seed suitable for organic production may be marketed.
(5) In the case of varietal associations, the seed of the female and male components shall be dressed using seed dressings of different colours.
Seed not finally certified
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paragraphs: (1) Seed of oil plants and fibre plants, which has been produced in another Member State or a third country to which the Decision of 2002 applies, shall, on request, and without prejudice to the European Communities (National Catalogue of Agricultural Plant Varieties Regulations 2002 be officially certified as certified seed of the appropriate category if the seed —
(a) has been produced directly from basic seed or certified seed officially certified in another Member State or a third country to which Decision of 2002 applies,
(b) has been shown by official field inspection or field inspection under official supervision to satisfy the conditions laid down in Annex I for the relevant category, and
(c) has been shown by official examination to satisfy the conditions laid down in Annex II.
(2) Where the 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 that category are satisfied,
(3) Seed of oil plants and fibre plants which has been harvested in another Member State and which is intended for certification in accordance with paragraph (1) shall —
(a) be packed and labelled with an official label complying with paragraphs A and B of Annex V, and
(b) be accompanied by an official document complying with paragraph C of Annex V.
Derogation from certification and marketing provisions
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paragraphs: (1) Subject to Regulation 9 and paragraph (5), 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 II in respect of germination;
provided that the supplier of the seed guarantees a specific minimum germination for the seed, such guaranteed germination to be shown on the official label.
(2) (a) Subject to paragraph 5 and to sub-paragraph (b), the Minister may, where the official examination in respect of germination under Annex II has not concluded, authorise the official certification of pre-basic seed, basic seed or certified seed of any category and the marketing of those categories of seed once.
(b) The powers conferred on the Minister by subparagraph (a), shall be exercised by the Minister subject to the following conditions —
(i) the availability of an official provisional analytical report on the seed, indicating that it satisfies the conditions laid down in Annex II, in respect of germination,
(ii) the name and address of the first buyer shall be given to the official authority by the supplier,
(iii) the supplier shall furnish to such buyer a guarantee which satisfies the Minister of the germination given in the said provisional analytical report, and
(iv) the germination so guaranteed shall be stated on a special label bearing the name and address of the supplier and the reference number of the relevant lot of seed.
(3) Subject to paragraph 5, the Minister may for such period as he or she determines, authorise the marketing of pre-basic, basic or certified seed of any category of a variety or varietal association which is not accepted in the National Catalogue but which is registered in a catalogue of a Member State established under Council Directive 2002/53/EC of 13 June 20027 .
(4) Where the Commission makes a Decision in relation to the marketing of pre-basic, basic or certified seed of any category of a variety or varietal association which is not accepted in the Common Catalogue or the National Catalogues of the Member States, the Minister may authorise such marketing in accordance with that Decision.
(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 pre-basic seed, basic seed, certified seed of the first generation or certified seed of the second generation and certified as such in the State.
Sealing
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paragraphs: (1) Subject to paragraph (2), packages of pre-basic seed, basic seed, or certified seed of any category shall be sealed officially in such a manner that they cannot be opened without either damaging the sealing system or leaving evidence of tampering either on the official label provided under Regulation 9 or on the package.
(2) The sealing system used shall be the affixing of an official seal or have the above-mentioned label as an integral part of the sealing system, except where a non-reusable closing system is used.
(3) Subject to paragraph (4), packages of pre-basic seed, basic seed or certified seed of any category shall only be resealed under official authority.
(4) Where a package is resealed the label required under Regulation 9 shall indicate that the package has been resealed, date of resealing and the authority which resealed it.
Labelling
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paragraphs: (1) A package of pre-basic, basic or certified seed of any category shall have an official label. not previously used—
(i) affixed on the outside,
(ii) giving the information specified under Annex IV paragraph A, clearly legible in one of the official languages of the European Communities,
(iii) satisfying the dimensions in Annex IV paragraph B, and