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S.I. No. 52/1988 -- European Communities (Beet Seed) Amendment Regulations, 1988.

S.I. No. 52/1988 -- European Communities (Beet Seed) Amendment Regulations, 1988. 1988 52

S.I. No. 52/1988:

EUROPEAN COMMUNITIES (BEET SEED) AMENDMENT REGULATIONS, 1988.

EUROPEAN COMMUNITIES (BEET SEED) AMENDMENT REGULATIONS, 1988.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Commission Directive No. 87/120/EEC of 14 January, 19871, in so far as it relates to beet seed, and to Commission Directive No. 88/95/EEC of 8 January, 19882, hereby make the following Regulations:

1O.J. No. L 49, 18 February, 1987, p.39.

2O.J. No. L 56, 2 March, 1988, P. 42.

1. (1) These Regulations may be cited as the European Communities (Beet Seed) (Amendment) Regulations, 1988.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Beet Seed) Regulations, 1981 and 1988, and shall be construed together as one.

(3) These Regulations shall come into operation on the 1st day of April, 1988.

2. In these Regulations "the Principal Regulations" means the European Communities (Beet Seed) Regulations, 1981 ( S.I. No. 37 of 1981 ).

3. Regulation 2(2) of the Principal Regulations (which specifies the directives, act and decision which have amended Council Directive No. 66/400/EEC of 14 June, 19663, shall be construed as if there were included therein references to Commission Directive No. 87/120/EEC of 14 January, 19871 and Commission Directive No. 88/95/EEC of 8 January, 19882.

3O.J. No. L 125, 11 July, 1966, p.2290.

1O.J. No. L 49, 18 February, 1987, p.39.

2O.J. No. L 56, 2 March, 1988, P. 42.

4. The Schedule to the Principal Regulations (which sets out the provisions of Annex I, Annex II and Annex III to Council Directive No. 66/400/EEC of 14 June, 1966) is hereby amended--

(a) in Part a (which is headed "THE CROP") of Annex I:

(i) by the insertion of the following paragraph before paragraph 1:

"01. The previous cropping of the field shall not have been incompatible with the production of seeds of Beta vulgaris of the variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous cropping.",

and

(ii) by the substitution of the paragraph set out in the Schedule to these Regulations for paragraph 5;

(b) in Part B (which is headed "THE SEED") of Annex I:

(i) by the addition of the following to paragraph 3(b):

"(cc) In the case of seed of the category "basic seed", the percentage of weight of inert matter shall not exceed 1.0. In the case of seed of the category "certified seed", the percentage by weight of inert matter shall not exceed 0.5. In the case of the pelleted seed of both categories, the satisfaction of the relevant conditions shall be examined on samples drawn, pursuant to Article 7(1) of the Directive, from processed seed which has undergone partial decortication (rubbing or grinding) but has not yet been pelleted, without prejudice to the official examination of the minimum analytical purity of the pelleted seed."

and

(ii) by the addition of the following after paragraph 3(b):

"(c) Other special conditions.

Beet seed may not be introduced into areas recognised as "Rhizomania free zones" under appropriate Community procedures, unless the percentage by weight of inert matter does not exceed 0.5";

(c) in Annex II, by the addition of the following:

"The maximum lot weight shall not be exceeded by more than 5%".

SCHEDULE

Regulation 4(a)(ii)

"5. The minimum distances from neighbouring pollen sources shall be:
Crop Minimum distance

1. For the production of basic seed:

from any pollen sources of the genus Beta

 1000 m

2. For the production of certified seed:

(a) of sugar beet:

-- from any pollen sources of the genus Beta not included below

 1000 m

-- the intended pollinator or one of the intended pollinators being diploid, from tetraploid sugar beet pollen sources

 600 m

-- the intended pollinator being exclusively tetraploid from diploid sugar beet pollen sources

 600 m

-- from sugar beet pollen sources, the ploidy of which is unknown

 600 m

-- the intended pollinator or one of the intended pollinators being diploid, from diploid sugar beet pollen sources

 300 m

-- the intended pollinator being exclusively tetraploid, from tetraploid sugar beet pollen sources

 300 m

-- between two sugar beet production fields in which male sterility is not used

 300 m

(b) of fodder beet:

-- from any pollen sources of the genus Beta not included below

 1000 m

-- the intended pollinator or one of the pollinators being diploid, from tetraploid fodder beet pollen sources

 600 m

-- the intended pollinator being exclusively tetraploid, from diploid fodder beet pollen sources

 600 m

-- from fodder beet pollen sources, the ploidy of which is unknown

 600 m

-- the intended pollinator or one of the pollinators being diploid, from diploid fodder beet pollen sources

 300 m

-- the intended pollinator being exclusively tetraploid, from tetraploid fodder beet pollen sources

 300 m

-- between two fodder beet seed production fields in which male sterility is not used.

 300 m
The above distances can be disregarded if there is sufficient protection from any undesirable foreign pollinator. No isolation is necessary between seed crops using the same pollinator.
The ploidy of both seed-bearing and pollen-shedding components of seed-producing crops is to be established by reference to the common catalogue of varieties of agricultural plant species compiled under Council Directive 70/457/EEC1, as last amended by Directive 86/155/EEC2, or the national catalogues of varieties established under the Directive. If this information is not included for any variety, the ploidy is to be regarded as unknown, and thus a minimum isolation distance of 600 metres is required.

".

1O.J. No. L 225, 12.10.1970, p.1.

2O.J. No. 118, 7.5.1985, p. 23.

GIVEN under my Official Seal this 25th day of March, 1988.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE

These Regulations amend existing provisions on the marketing of beet seed in a number of ways including--

(1) the adoption of new conditions in relation to previous cropping and crop isolation for the production of beet seed and

(2) the introduction of standards in respect of the maximum content of inert matter in beet seed lots.

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