The Fodder Plant Seeds (Amendment) Regulations (Northern Ireland) 2011

PART 2 Control of Fodder Plant Seeds

Amendment of the Fodder Plant Seeds Regulations (Northern Ireland) 2009

2.  The Fodder Plant Seeds Regulations (Northern Ireland) 2009 (1) are amended as follows:

Amendment to Regulation 2

3.  In regulation 2(1) (general interpretation) after the definition “breeder’s seed” insert—

“collection site” means a part of a source area, where the seed has been collected;

After the definition “Commission Directive 2008/62” insert—

“Commission Directive 2010/60” means Commission Directive 2010/60/EU(2) providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment.

After the definition for “control plot” insert—

“crop-grown preservation mixture” means a seed mixture produced in accordance with the following process:

(i)

seed of individual species is taken at the collection site;

(ii)

the seed referred to in point (i) is multiplied outside the collection site as single species;

(iii)

the seeds of those species are then mixed to create a mixture which is composed of those genera, species and, where relevant, subspecies which are typical for the habitat type of the collection site.

After the definition for “Directive seed conditions” insert—

“directly harvested preservation mixture” means a seed mixture marketed as collected at the collection site with or without cleaning;

For the definition “preservation mixture” substitute—

“preservation mixture” means a mixture of fodder plant seed of the species specified in Schedule 2 (whether or not the mixture also contains seed to which these regulations do not apply) where the Department is satisfied that the mixture contains only seed which, when used, will assist in the conservation of genetic resource, reduce the loss of genetic diversity or natural habitat and improve species distribution;

after the definition of “small EC B package of seed” insert—

“source area” means:

(iv)

an area designated by the Department as a special area of conservation in accordance with Article 4(4) of Directive 92/42/EEC; or

(v)

an area contributing to the conservation of plant genetic resources and which is designated by the Department in accordance with a national procedure based on criteria comparable to those provided for in Article 4(4) of Directive 92/43/EEC in conjunction with Article 1(k) and (l) of that Directive, and which is managed, protected and under surveillance in a manner equivalent to Article 6 and 11 of that Directive;

Amendment to Regulation 19

4.  After regulation 19 (4) insert—

“(4A) (a) A regulation 19 authorisation shall include the following:

(i) the name and address of the person;

(ii) the harvesting method: whether directly harvested preservation mixture or crop-grown;

(iii) the percentage by weight of the components as species and, where relevant, subspecies;

(iv) in the case of crop-grown preservation mixtures, a specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive;

(v) quantity of the mixture to which the authorisation is to apply;

(vi) region of origin;

(vii) restriction to marketing in the region of origin;

(viii) source area;

(ix) collection site, and in the case of a crop-grown preservation mixture, in addition, the multiplication site;

(x) habitat type of the collection site; and

(xi) year of collection.

(b) As regards paragraph (4A)(1)(c), for directly harvested preservation mixture it shall suffice to give those components as species and, where relevant, subspecies which are typical for the habitat type of the collection site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources.

(4B).  Authorisation requirements for directly harvested preservation mixture.

(a) A directly harvested preservation mixture shall have been collected in its source area at a collection site which has not been sown in the 40 years previous to the date of the application submitted in accordance with this regulation.

(b) For the purposes of Article 8 (quantitative restrictions) of Commission Directive 2010/60, the Department may specify the maximum amount of seed of a preservation mixture which may be marketed in any given growing season and specify different maxima for different persons or classes of person.

(c) The percentage of the components of the directly harvested preservation mixture that are species and, where relevant, subspecies which are typical for the habitat type of the collection site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of conservation of genetic resources, shall be adequate for the purpose of recreating the habitat type of the collection site.

(d) The germination rate of the components referred to in paragraph (c) shall be sufficient for the purpose of recreating the habitat type of the collection site.

(e) The maximum content of species and, where relevant, subspecies which do not comply with paragraph (c) shall not exceed 1% by weight. The directly harvested preservation mixture shall not contain Avena fatua, Avena sterilis and Cusata spp. The maximum content of Rumex spp. other than Rumex acetosella and Rumex maritimus shall not exceed 0.05% by weight.

(f) A visual inspection has been carried out by the Department at the collection site during the period of growth of the seed, together with any other examinations or tests the Department considers necessary and the results of the visual inspection, examinations and tests show that—

(i) The percentage of the components of the mixture that are species typical for the habitat type of the collection site is adequate for the purpose of recreating the habitat type of the collection site;

(ii) The germination rate of the components in head (i) is sufficient for the purpose of recreating the habitat type of the collection site;

(iii) The maximum content of species which does not comply with head (i) does not exceed 1% of the weight of a submitted sample;

(iv) The mixture does not contain Avena fatua, Avena sterilies or Cuscuta spp; and

(v) The maximum content of Rumex spp. Other than Rumex acetosella and Rumexmaritimus does not exceed 0.05% of the weight of a submitted sample.

(4C).  Authorisation requirements for crop-grown preservation mixtures.

(a) The collected seed from which the crop-grown seed mixture is produced shall have been collected in its source area at a collection site which has not been sown in the 40 years previous to the date of the application submitted in accordance with this regulation.

(b) For the purposes of Article 8 (quantitative restrictions) of Commission Directive 2010/60, the Department may specifiy the maximum amount of seed of a preservation mixture which may be marketed in any given growing season and specify different maxima for different persons or classes of person.

(c) The seed of the crop-grown preservation mixture shall be of species and, where relevant, subspecies which are typical for the habitat type of the collection site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of conservation of genetic resources.

(d) Components of a crop-grown preservation mixture which are seeds of fodder plants within the meaning of the Fodder Plant Seeds Directive shall, before mixing, comply with the requirements for commercial seed set out in Section III of Annex II to the Fodder Plant Seeds Directive as regards analytical purity, as set out in columns 4 to 11 of the table in Section 1(2)A of that Annex, as regards maximum content of other plant species in a sample of the weight specified in column 4 of Annex III thereof (total per column), as set out in columns 12, 13 and 14 of the table in Section 1(2)A of Annex II thereof, and as regards conditions concerning Lupin seeds, as set out in column 15 of the table in Section 1(2)A of that Annex.

(e) Multiplication may take place for five generations.

(f) When the Department examines an application for crop-grown preservation mixtures, it shall carry out tests or tests will be carried out under official supervision to check that the preservation mixture complies with current international methods, or where such methods do not exist , in accordance with any appropriate methods.”

Amendment to regulation 19

5.  After regulation 19(6) insert—

“(7) In this regulation—

“region of origin” means the region identified by the Department for the purposes of Article 3 (region of origin) of Commission Directive 2010/60.

(8) Any person marketing seed of a preservation mixture must supply the Department, on request, with details in writing of the amount and variety of the seed placed on the market during each production season.”

Amendment to regulation 26

6.  After regulation 26(2)(e) insert—

“or

(f) seed of a preservation mixture,”

7.  In regulation 26(4) after “in the case of breeders seed and seed of a conservation variety” insert “and seed of a preservation mixture,

Amendment to regulation 28

8.  After regulation 28(1)(e) insert—

“or

(f) seed of a preservation mixture.”

Amendment to Schedule 4

9.  In Schedule 4 (conditions to be satisfied by the seed) after Part 4 insert—

“PART 5 Examinations used to ascertain whether a crop or seed lot meets the conditions relating to crop-grown preservation mixtures

18.   When the Department examines an application for crop-grown preservation mixtures, it shall carry out tests or tests shall be carried out under official supervision to check that the preservation mixture complies with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.”

Amendment to Schedule 8

10.  In Schedule 8 (labelling) after Part 9 insert—

“PART 10 Labelling of packages of seed of a preservation mixture

48.— (1) The package must be labelled, not later than the time of sealing, on the outside with a supplier’s label, or a printed or stamped notice, containing the following particulars—

(a) the words ‘EU rules and standards’;

(b) name and address of the person responsible for affixing the labels or his identification mark;

(c) harvesting method: whether directly harvested preservation mixture or crop-grown;

(d) year of the sealing expressed as: ‘sealed…’ (year);

(e) region of origin;

(f) source area;

(g) collection site;

(h) habitat type of the collection site;

(i) the words ‘preservation fodder plant seed mixture, intended for use in an area of the same habitat type as the collection site, not considering the biotic conditions’;

(j) reference number of the lot given by the person responsible for affixing the labels;

(k) the percentage by weight of the components as species and, where relevant, subspecies;

(l) declared net or gross weight;

(m) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight shall be indicated; and

(n) in the case of crop-grown preservation mixtures, a specific germination rate for components of the mixture covered by the Fodder Plant Seed Directive which do not comply with the germination requirements set out in Annex II to that Directive.

(2)  As regards regulation 1(k), it shall suffice to indicate the components of directly harvested preservation mixture as provided for regulation (4A)(2).

(3)  As regards regulation 1(n), it shall suffice to indicate an average of these required specific germination rates in case the number of required specific germination rates is more than five.”

(1)

S.R.2009/385

(2)

OJ L228, 31.8.2010, P.10