Title, commencement and application

1.  These Regulations are called the Cereal Seeds (Amendment) (Wales) Regulations 2001 and come into force on 29th November 2001.

(2) These Regulations apply to Wales only.

Amendment of the Cereal Seeds Regulations 1993

2.—(1) The Cereal Seeds Regulations 1993(3) are, in so far as they apply to Wales, amended in accordance with the following provisions of the these Regulations.

(2) Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in the Cereal Seeds Regulations 1993.

Regulation 3 (Interpretation)

3.—(1) In paragraph (1) of regulation 3 —

(a)in the appropriate place insert the following definitions —

• ““genetically modified” has the same meaning as for the purposes of Council Directive 90/220/EEC(4) on the deliberate release into the environment of genetically modified organisms;”;

““the National Assembly” means the National Assembly for Wales;”; and

““third country” means a country listed in the Annex to Council Decision 95/514(5);”.

(b)omit the definition of “marketing” and the reference to the construction of the related expressions “market” and “marketed”; and

(c)for the definition of “official examination” substitute —

• ““official examination” means

  (a)

  in relation to Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation produced in the United Kingdom —

  (i)

  an examination or a test carried out by or on behalf of the National Assembly, the Minister of Agriculture, Fisheries and Food, the Secretary of State, the Scottish Ministers or the (Northern Ireland) Department of Agriculture and Rural Development;

  (ii)

  an examination carried out under official supervision; or

  (iii)

  a test carried out by an establishment licensed as a seed testing station under official supervision;

  (b)

  in relation to Breeder’s Seed, Pre-basic Seed and Basic Seed, produced in the United Kingdom —

  (i)

  an examination or a test carried out by or on behalf of the National Assembly, the Minister of Agriculture, Fisheries and Food, the Secretary of State, the Scottish Ministers or the (Northern Ireland) Department of Agriculture and Rural Development; or

  (ii)

  a test carried out by an establishment licensed as a seed testing station under official supervision; and

  (c)

  in relation to any description of seed produced elsewhere than in the United Kingdom, an examination or a test approved by the National Assembly, the Minister of Agriculture, Fisheries and Food, the Secretary of State, the Scottish Ministers or the (Northern Ireland) Department of Agriculture and Rural Development;”.

(2) In regulation 3(3) —

(a)in the definition of “Basic Seed”, in paragraph (b), for “and rye” substitute “, rye and self-pollinating triticale”; and

(b)in the definition of “Certified Seed”, for “spelt wheat and rye” (in both places) substitute “spelt wheat and self-pollinating triticale”.

(3) After paragraph (3) of regulation 3 insert —

“(3A) For the purposes of these Regulations, seeds —

(a)produced and packaged in a Member State other than the United Kingdom or in a third country;

(b)accompanied by a document issued by a competent authority concerned with the certification of cereal seeds in that Member State or third country containing information specified at paragraph F(b) of Part I of Schedule 6; and

(c)in respect of which an application has been made for a breeder’s confirmation under these Regulations,

shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation.

(3B) For the purposes of these Regulations, seeds —

(a)produced and packaged in a Member State other than the United Kingdom or in a third country;

(b)accompanied by a document issued by a competent authority concerned with the certification of cereal seeds in that Member State or third country containing information specified (in respect of packages of seed not finally certified) at paragraph F(b) of Part I of Schedule 6; and

(c)in respect of which an application has been made for an official certificate under these Regulations,

shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation or an official certificate.

(3C) For the purposes of these Regulations, seeds —

(a)produced and packaged in a Member State other than the United Kingdom or in a third country;

(b)labelled in accordance with the requirements of regulation 9; and

(c)in the case of a small package of seeds, sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than a small package of seeds, sealed by a competent authority concerned with the certification of cereal seeds in that Member State or third country,

shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above”.

(4) After paragraph (5) of regulation 3 add the following paragraphs—

“(6) In these Regulations “marketing” means —

(a)selling, holding with a view to sale and offering for sale; and

(b)any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration; and “market” and “marketed” shall be construed accordingly.

(7) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations —

(a)the supply of seed to official testing and inspection bodies; or

(b)the supply of seed to any person for the purpose of processing or packaging the seed provided he does not acquire title to the seed supplied,

shall not be treated as marketing of seed of that variety.”.

Regulation 4 (Seeds to which the Cereal Seeds Regulations 1993 apply)

4.  In regulation 4 —

(a)in paragraph (1), for “Subject to paragraph (2) and (3) below” substitute “Subject to paragraph (2) below”;

(b)in paragraph (2), omit sub-paragraphs (b),(c) and (d); and

(c)omit paragraph (3).

Regulation 5 (Marketing of seeds)

5.  In regulation 5 —

(a)in paragraph (1)(a), after “Breeder’s Seed,” insert “Pre-basic Seed,”;

(b)in paragraph (1)(b), after “regulation 9(1),” insert “(1B),”;

(c)after paragraph (1)(c), add —

• “, or

  (d)

  in the case of genetically modified seeds, clearly indicated, in the sales catalogue of the person marketing the seeds and in any other marketing information or marketing representations provided by that person, as having been genetically modified.”;

(d)after paragraph (1), insert —

“(1A) Paragraph (1) above shall not prevent the marketing of seed as grown, marketed for processing, provided that the identity of the seed is ensured.”;

(e)after paragraph (2), insert —

“(2A) Where there is an arrangement under which —

(a)seed, other than seed which contains any genetically modified material, under the control of one person (“the first person”) is used by another person (“the second person”) for the purpose of —

(i)increasing the first person’s stock of the seed for sowing; or

(ii)carrying out tests or trials on the seed; and

(b)everything produced from the seed, whether directly or indirectly, and any unused seed, become or remain the property of the first person,

the prohibitions in paragraph (1) above shall not apply to the marketing of the seed by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of any seed produced (whether directly or indirectly) from that seed.

(2B) The prohibitions in paragraph (1) above shall not apply to the marketing by producers of small quantities of seed, other than seed which contains any genetically modified material, for scientific purposes or selection work.

(2C) If the conditions specified in paragraph (2D) below are satisfied, the prohibitions in paragraph (1) above shall not apply to—

(a)the marketing, as part of any arrangement referred to in paragraph (2A) above by the first person referred to in that paragraph to the second person referred to in that paragraph, of seed which contains any genetically modified material;

(b)the marketing, as part of any arrangement referred to in paragraph (2A) above by the second person referred to in that paragraph to the first person referred to in that paragraph, of seed produced (whether directly or indirectly) from the seed marketed to him as part of any such arrangement which contains any genetically modified material; or

(c)the marketing by producers, for scientific purposes or selection work, of small quantities of seed which contains any genetically modified material.

(2D) The conditions referred to in paragraph (2C) above are —

(a)the deliberate release of the genetically modified material has been authorised under a Part B consent, or the genetically modified material has been accepted for marketing in accordance with a Part C consent, issued for the purposes of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms;

(b)the seeds are accompanied during marketing by a copy of the consent;

(c)all appropriate measures, in accordance with an environmental risk assessment in respect of the material carried out in accordance with article 7(4) of Council Directive 70/457/EEC(6), have been taken by the producer of the seed to avoid adverse effects on human health and the environment; and

(d)in the case of genetically modified material accepted for marketing in accordance with a Part C consent, an authorisation has been granted by the National Assembly in accordance with paragraph (2E) below to the person marketing the seed.

(2E) An authorisation may be granted by the National Assembly for the purpose of paragraph (2D)(d) above if —

(a)the person intending to market the seed has applied to the National Assembly no later than 15 working days before the seed is marketed —

(i)giving the National Assembly notice of that person’s intention to market the seed and a description of the proposed marketing in respect of which the authorisation is sought; and

(ii)giving the National Assembly such information relating to the acceptance for marketing of the variety of the seed concerned under Council Directive 90/220/EEC, and the proposed marketing in respect of which the authorisation is sought, as the National Assembly may require for the purposes of determining whether or not to grant the authorisation; and

(b)the National Assembly is satisfied that an authorisation should be granted.”;

(f)after paragraph (12), insert —

“(12A) Cereal seeds produced and packaged in a Member State other than the United Kingdom intended for official certification in the United Kingdom shall not be marketed unless they are —

(a)sealed and labelled as required by regulations 8 and 9; and

(b)accompanied by an official document containing all the information in respect of the seeds specified at paragraph F(b) of Part I of Schedule 6.

(12B) A person who imports a package containing a net weight of more than 2 kilograms of cereal seeds produced in a country other than another Member State shall make available to the National Assembly, in such manner and at such time as the National Assembly may require, the information in respect of the seeds specified in Part IV of Schedule 6.”; and

(g)in paragraph (13) omit “may be imported but”.

Regulation 9 (Labelling of packages)

6.  In regulation 9 —

(a)after paragraph (1A), insert —

“(1B) If a variety has been genetically modified, any label or document, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified.”;

(b)in paragraph (5) —

(i)for “marked” substitute “marketed”; and

(ii)in sub-paragraph (b), for “Part V” substitute “Part VI”; and

(c)in paragraph (12)(b), for “Part IV” substitute “Part V”.

Regulation 9A (Labelling of packages — breeder’s confirmation)

7.  In regulation 9A(4)(b), for “Part V” substitute “Part VI”.

Schedule 4 (Requirements for basic seed, certified seed and certified seed of the first and second generations)

8.—(1) Schedule 4 shall be amended in accordance with the following provisions of this regulation.

(2) In Part I (conditions relating to crops from which seeds are obtained) —

(a)paragraph 2 (varietal identity and varietal purity) is renumbered as sub-paragraph (1) of that paragraph and after that sub-paragraph insert —

“(2) The crop shall have sufficient varietal identity and varietal purity. In the case of an inbred line, the crop shall have sufficient varietal identity and varietal purity as regards its characteristics. For the production of seed of hybrid varieties, the requirement for sufficient varietal identity and varietal purity shall apply also to the characteristics of the components, including characteristics as to male sterility and fertility restoration.”;

(b)in paragraph 6 (standards for varietal purity, species purity and wild oats) —

(i)for the heading to the third column to the table, substitute —

“Varietal purity (excluding rye!, maize# and self-pollinating varieties of triticaleØ) percentage by number”; and

(ii)below footnote # add the following footnote —

• “Ø The varietal purity of self-pollinating varieties of triticale percentage by number shall be 99.7 for Basic Seed and 99.0 for Certified Seed of the First Generation”; and

(c)after paragraph 9 (special conditions for hybrids of rye), insert —

“Special conditions for crops to produce hybrids of oats, barley, wheat, durum wheat, spelt wheat and self-pollinating triticale.

10.—(a) The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination. The minimum distance of the female component shall be 25 metres from any other variety of the same species except from a crop of the male component. This distance may be disregarded if there is sufficient protection from any undesirable foreign pollination.

(b)The crop shall have sufficient identity and purity as regards the characteristics of the components.

(c)Where seed is produced by use of a chemical hybridisation agent, the crop shall conform to the following standards or other conditions —

(i)the minimum varietal purity of each component shall be —

(a)oats, barley, wheat, durum wheat and spelt wheat 99.7%; and

(b)self-pollinating triticale 99.0%;

(ii)the minimum hybridity shall be 95%. The percentage hybridity shall be assessed in accordance with current international methods, in so far as such methods exist. In cases where the hybridity is determined during seed testing prior to certification, the determination of the hybridity during field inspection need not be done.”.

(3) In Part II (conditions relating to the seeds) —

(a)for paragraph 1, substitute —

“1.  The seeds shall possess the varietal identity and the varietal purity (appropriate to the kind, category and level of the seeds) specified in Part I. In the case of seed of an inbred line, it shall possess the varietal identity and the varietal purity (appropriate to the kind, category and level of the seeds) specified in Part I as regards its characteristics. For the seed of hybrid varieties, the requirements as to varietal identity and varietal purity (appropriate to the kind, category and level of the seeds) specified in Part I, other than the requirement as to varietal purity of Basic Seed specified in the third column of the table in paragraph 6 of Part I, shall apply also to the characteristics of the components. For hybrids of oats, barley, wheat, durum wheat, spelt wheat and self-pollinating triticale, the minimum varietal purity of the seed of the category “Certified Seed” shall be 90%. It shall be examined in official post-control tests on an appropriate proportion of samples.”.

(b)In paragraph 3(a) —

(i)for —

• substitute

  “Germination (% by number)	All categories (except triticale)	85	85
  	triticale.	80	—”

  • ; and

    (ii)

    in the table headed “Minimum Standard — maximum number of other seeds or structures in 500g.”, in the first column, the third box down, before “Certified Seed of the First Generation” insert “Certified Seed,”.

Schedule 6 (Labelling requirements)

9.  In Schedule 6 —

(a)in Part III, omit paragraphs A(a)9 and B(a)6;

(b)renumber“ Part IV” (Particulars to be marked or displayed on the sale of unpacketed seeds) as “Part V”;

(c)renumber “Part V” (Printing of specified matters on packages (whole bag labelling)) as “Part VI”; and

(d)after Part III, insert —

“Part IVInformation in respect of seeds imported from third countries in packages more than 2 kilograms in net weight

1.  Species.

2.  Variety.

3.  Category.

4.  Country of production and official inspection authority.

5.  Country of despatch.

6.  Importer.

7.  Quantity of seed.”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Cereal Seeds Regulations 1993, S.I. 1993/2005, (as amended by S.Is. 1995/1482, 1997/616, and 1999/1860) (“the 1993 Regulations”). They come into force on 29th November 2001 and apply to Wales only.

The amendments to the 1993 Regulations give effect in Wales to the following Council Directives which amended directives in respect of the marketing of seeds and the common catalogue of varieties of agricultural plant species:—

(a)98/95/EC (OJ No. L25, 1.2.1999, p.1) in respect of the consolidation of the internal market, genetically modified plant resources and plant genetic resources; and

(b)98/96/EC (OJ No. L25, 1.2.1999, p.27) as regards unofficial field inspections.

The directives in respect of the marketing of seeds amended by Council Directive 98/95/EC and Council Directive 98/96/EC include Council Directive 66/402/EEC (OJ No. L125, 11.7.66, p.2309/66) (OJ/SE 1965—66, p. 143) on the marketing of cereal seed.

These amending Regulations —

(a)amend definitions in regulation 3 (of the 1993 Regulations), including the definitions of “marketing” and “official examination” (regulation 3);

(b)amend regulation 5 in relation to marketing (including the marketing of genetically modified cereal seeds) and marketing authorisations, tests and trials, seed as grown, selection work and other scientific purposes; and make consequential amendments to regulation 4 (regulations 4 and 5);

(c)amend regulation 9 to make provision in relation to clear indications for genetically modified varieties (regulation 6);

(d)make a consequential amendment in regulation 9A (regulation 7); and

(e)amend Schedule 6 to make provision for the supply of information about imported seeds and amend provisions in respect of small packages (regulation 9).

These Regulations also give effect in Wales to Commission Directive 99/8/EC (O.J. No. L50, 26.2.99, p.26) and Commission Directive 99/54/EC (OJ No. L142, 5.6.99, p.30) amending Council Directive 66/402/EEC (OJ No. L125, 11.7.66, p.2309/66) (OJ/SE 1965—66, p.143) on the marketing of cereal seed.

These Regulations amend the 1993 Regulations to permit the marketing of seeds of hybrids of self-pollinating varieties of triticale as Basic Seed and Certified Seed (regulations 3 and 4(2)). They also establish, in respect of this hybrid and hybrids of oats, barley, wheat, durum wheat and spelt wheat, conditions to be met both by the crops from which seeds are obtained and by the seeds themselves (regulations 8(2) and (3)).

These Regulations also amend the 1993 Regulations to reduce the minimum germination requirement for triticale from 85 per cent to 80 per cent and introduce sample purity standards (at the Minimum Standard) for Certified Seed (regulation 8(3)).

Similar Regulations have been made to amend the 1993 Regulations in so far as they apply to England and to Scotland (by respectively S.Is. 1999/2196 and 2000/1793 and S.S.Is. 2000/248).

Similar Regulations are being made in relation to Wales in respect of:—

• beet seeds

• vegetable seeds

• seed potatoes

• oil and fibre plant seeds

• fodder plant seeds.

For further information on those Regulations contact the Countryside Division, National Assembly for Wales, Cathays Park, Cardiff.