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The Seed Marketing (CMS Wheat Hybrids) (Temporary Experiment) (Wales) Regulations 2024

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Regulation 6

SCHEDULETransitory modifications: application of the 2012 Regulations

PART 1General

1.  The 2012 Regulations apply to CMS wheat hybrids produced in accordance with a licence, subject to the modifications specified in Part 2 of this Schedule.

2.  In this Schedule—

(a)references to a regulation are to a regulation of the 2012 Regulations;

(b)references to Schedule 2 are to Schedule 2 to the 2012 Regulations.

PART 2Transitory modifications: certification

3.  Regulation 3 (interpretation of other terms) is to be read as if—

(a)after paragraph (1)(b) there were inserted —

(ba)CMS wheat hybrid” has the meaning given by regulation 2 of the CMS Wheat Hybrids Regulations;

(bb)the CMS Wheat Hybrids Regulations” means the Seed Marketing (CMS Wheat Hybrids) (Temporary Experiment) (Wales) Regulations 2024;

(bc)CWH licence” means a licence granted under regulation 3(3) of the CMS Wheat Hybrids Regulations;;

(b)after paragraph (2), there were inserted—

(3) Any reference to a regulation of, or to a paragraph of Schedule 2 to, these Regulations whose application is modified by the Schedule to the CMS Wheat Hybrids Regulations, is to be read as a reference to that provision as modified by the CMS Wheat Hybrids Regulations.

4.  Regulation 10 (Overriding requirements for certification) is to be read as if—

(a)the existing text were numbered paragraph (1);

(b)in paragraph (1), as numbered by this paragraph, in the opening words after “regulation 5” there were inserted “(except in the case of a seed of a CMS wheat hybrid)”.

(c)after paragraph (1), as numbered by this regulation, there were inserted—

(2) To be certified as category (c) or (d) of regulation 5, a seed of a CMS wheat hybrid must—

(a)be produced under a CWH licence, and

(b)meet the requirements for certification specified in Schedule 2.

5.  Regulation 11 (detailed requirements for certification) is to be read as if, in paragraph (3), in the opening words, after “Schedule 2” there were inserted “and, in relation to CMS wheat hybrids, the CMS Wheat Hybrids Regulations”.

6.  Regulation 15 (control plots and tests) is to be read as if, in paragraph (2), after “varietal purity” there were inserted “or, in relation to a seed of a CMS wheat hybrid, the applicable certification requirements in Schedule 2 and the CMS Wheat Hybrids Regulations,”.

7.  Regulation 28 (appeals) is to be read as if, in paragraph (1), after sub-paragraph (a), there were inserted—

(aa)in relation to a seed used to create a CMS wheat hybrid—

(i)refuse to grant a CWH licence;

(ii)vary the conditions attached to such a licence in accordance with regulation 7 of the CMS Wheat Hybrids Regulations;

(iii)revoke or suspend such a licence in accordance with regulation 8 of the CMS Wheat Hybrids Regulations;.

8.  Paragraph 15 of Schedule 2 (crop and seed requirements) is to be read as if, after sub-paragraph (2A), there were inserted—

2B.  In addition, in relation to CMS wheat hybrids—

(a)Annex I to Council Directive 66/402/EEC is to be read as if—

(i)paragraph 5 were omitted,

(ii)after paragraph 5a, there were inserted—

5b.  Crops to produce basic and certified seed of hybrids of Triticum aestivum, Triticum durum or Triticum spelta by means of the technique of CMS:

(a)For crops to produce hybrids of Triticum aestivum, Triticum durum or Triticum spelta by means of the technique of CMS, the minimum distance from neighbouring crops or plants of other species, or of other varieties of the same species, liable to cross-pollinate with the crop is the distance specified in column 2 of the following table, with reference to the corresponding purpose for which the crop is used specified in column 1.

Purpose for which the crop is usedMinimum distance
For the production of basic seed for the CMS female component300 m
For the production of certified seed25 m

(b)The crop must have sufficient varietal identity and varietal purity as regards the components. In particular the percentage by number of plants which are recognisable as obviously not being true to the variety must not exceed—

(i)where the crop is used for the production of basic seed, 0.1% for the maintainer and the restorer line and 0.3% for the CMS female component;

(ii)where the crop is used for the production of certified seed, 0.3% for the restorer line and 0.6% for the CMS female component, or 0.3% for the restorer line and 1% for the CMS female component where the CMS female component is a simple hybrid.

(c)The level of male sterility of the CMS female component must be at least—

(i)where the crop is used for the production of basic seed, 99.7%, and

(ii)where the crop is used for the production of certified seed, 99 %.

(d)The requirements of paragraphs (b) and (c) must be examined in official post-control tests.

(e)Certified seed may be produced in mixed cultivation of a female male-sterile component with a male component which restores fertility.”;

(b)Annex II to Council Directive 66/402/EEC (conditions to be satisfied by the seed) is to be read as if—

(i)in paragraph 1(c), after “Hordeum vulgare”, in the second place those words occur, there were inserted “, Triticum aestivum, Triticum durum and Triticum spelta;

(ii)in paragraph 1(e), after “Hordeum vulgare”, insert “, Triticum aestivum, Triticum durum and Triticum spelta.

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