S.I. No. 108/1991:

EUROPEAN COMMUNITIES (BEET SEED) (AMENDMENT) REGULATIONS, 1991.

EUROPEAN COMMUNITIES (BEET SEED) (AMENDMENT) REGULATIONS, 1991.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 88/380/EEC of 13 June, 1988⁽¹⁾, in so far as it relates to beet seed, hereby make the following Regulations:

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

(2) The European Communities (Beet Seed) Regulations, 1981 and 1988, and these Regulations may be cited together as the European Communities (Beet Seed) Regulations, 1981 to 1991, and shall be construed together as one.

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 is hereby amended by the insertion after "19th December, 1977" of "Council Directive No. 88/380/EEC of 13 June, 1988."

4. Regulation 5 of the Principal Regulations is hereby amended by the substitution of the following subparagraph for subparagraph (d) of paragraph (1):

"(d) in case the seed is harvested in a third country, it is of a species to which the declaration contained in Article I of the Seventh Council Decision No. 85/355/EEC of 27 June, 1985⁽²⁾, on the equivalence of field inspections carried out in third countries on seed-producing crops relates".

⁽¹⁾O.J. No. L187, 16 July, 1988, p.31.

⁽²⁾O.J. No. L195/1, 26 July, 1985.

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

"5A .(1) Beet seed--

(a) which has been produced directly from pre-basic or basic seed officially certified in one or more Member States or in a third country to which the said Seventh Council Decision on the equivalence of field inspections carried out in third countries on seed-producing crops, and

(b) which has been harvested in another Member State, shall, on request and without prejudice to the provisions of the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1981 (S.I. No. 409 of 1981), be officially certified as basic seed or certified seed if that seed has undergone field inspection satisfying the conditions laid down in Annex 1.A for the relevant category and if official examination has shown that the conditions laid down in Annex 1.B for the same category are satisfied.

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

(a) be packed in accordance with Regulation 7 of these Regulations and labelled with an official label complying with paragraphs A and B of Annex IV, and

(b) be accompanied by an official document complying with Annex IV.

(3) Beet seed--

(a) which has been produced directly from basic seed officially certified in one or more Member States or in a third country to which the said Seventh Council Decision on the equivalence of field inspections carried out in third countries on seed-producing crops applies,

(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 the seed has undergone field inspection satisfying the conditions laid down in the Seventh Council Decision on the equivalence of field inspections carried out in third countries on seed-producing crops for the relevant category and if official examination has shown the conditions laid down in Annex 1.B for that category are satisfied.".

6. Regulation 8 of the Principal Regulations is hereby amended by the substitution of the following subparagraph for subparagraph (b):

"(b) the label shall give the following information:

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

(ii) the lot reference number,

(iii) the month and year of closing, or

(iv) the month and year of the last official sampling for the purposes of certification,

(v) the species, indicated at least in roman characters under its botanical name, which may be given in abridged form and without the authorities' names or under its common name, or both and an indication whether the seed is sugar beet or fodder beet,

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

(vii) the description pre-basic seed,

(viii) the number of generations preceding seed of the category certified seed".

The Schedule to the Principal Regulations is hereby amended by--

( a ) in Annex III.A.1--

(i) by the substitution for entry 4 of the following:

"4. Species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both; indication whether sugar beet or fodder beet,", and

(ii) by the addition to entry 5 of the following:

", indicated at least in roman characters,",

( b ) in Annex III.B--

(i) by the substitution for entry 6 of the following:

"6. Species, indicated at least in roman characters; indication whether sugar beet or fodder beet,", and

(ii) by the addition to entry 7 of the following:

", indicated at least in roman characters,",

and

( c ) by the insertion of the following Annex after Annex III:

"Annex IV

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

A Information required for the label:

(i) the name of the authority responsible for field inspection and the Member State by which the authority was designated or their initials,

(ii) the species, indicated at least in roman characters, under is botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both and an indication whether the seed is sugar beet or fodder beet,

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

(iv) category,

(v) the reference number of the field or lot,

(vi) the declared net or gross weight,

(vii) the words "seed not finally certified".

B Colour of the label:

--The label shall be grey.

C Information required for the document:

(i) the authority issuing the document,

(ii) the species, indicated at least in roman characters, under its botanical name which may be given, in abridged form and without the authorities' names or under its common name, or both, indication whether sugar beet or fodder beet,

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

(iv) the category,

(v) the reference number of the seed used to sow the field and the name of the country or countries which certified that seed,

(vi) the reference number of the field or lot,

(vii) the area cultivated for the production of the lot covered by the document,

(viii) the quantity of seed harvested and number of packages,

(ix) attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled,

(x) where appropriate, the results of a preliminary seed analysis.".

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

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations amend existing Regulations by (1) updating the annexes to improve standards (2) revising certain provisions in order to facilitate the reproduction of seed in Member States other than that of origin and (3) improving information on the official label.