The Cereal Seeds (Amendment) (Wales) Regulations 2001

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.