The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003

Amendment of the Oil and Fibre Plant Seed (England) Regulations 2002

2.—(1) The Oil and Fibre Plant Seed (England) Regulations 2002(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1), for the definition of “the Oil and Fibre Plant Seed Directive” there shall be substituted the following definition—

““the Oil and Fibre Plant Seed Directive” means Council Directive 2002/57/EC(2) on the marketing of seed of oil and fibre plants as amended by Council Directive 2002/68/EC(3) and Commission Directive 2003/45/EC (4);”.

(3) In regulation 3, after the definition of “flax” there shall be inserted the following definition—

““hemp” means plants of the species Cannabis sativa L. commonly known as hemp;”.

(4) In regulation 6(3)(b), the words “or turnip rape” shall be deleted.

(5) In regulation 8(1)—

(a) in sub-paragraph (c)—

(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and

(ii) for the words “a hybrid of sunflower, swede rape or turnip rape” there shall be substituted the words—

“a hybrid, other than a hybrid of swede rape,”;

(b) in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(c) in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(d) in sub-paragraph (g)—

(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and

(ii) after the words “a hybrid” the words “of sunflower, swede rape or turnip rape” shall be deleted;

(e) in sub-paragraph (h) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(f) in sub-paragraph (i) after the word “linseed” there shall be inserted the words “, monoecious hemp”.

(6) In regulation 8(3)—

(a) in sub-paragraph (a)(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;

(b) in sub-paragraph (a)(ii) the words “of sunflower, swede rape or turnip rape” shall be deleted;

(c) in sub-paragraph (b) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(d) in sub-paragraph (c) after the word “linseed” there shall be inserted the words “, monoecious hemp”.

(7) In regulation 8(17)—

(a) in sub-paragraph (c) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(b) in sub-paragraph (d)—

(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and

(ii) the words “used in the production of sunflower, swede rape or turnip rape” shall be deleted;

(c) in sub-paragraph (e) the words “of sunflower, swede rape or turnip rape” shall be deleted;

(d) in sub-paragraph (h) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(e) in sub-paragraph (i)—

(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and

(ii) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted;

(f) in sub-paragraph (j) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted; and

(g) in sub-paragraph (l) after the word “linseed” there shall be inserted the words “, monoecious hemp”.

(8) In regulation 10(6)—

(a) in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;

(b) in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(c) in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”.

(9) In regulation 11(1)—

(a) in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;

(b) in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(c) in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”.

(10) In regulation 11(14)—

(a) in sub-paragraph (b) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(b) in sub-paragraph (c)—

(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and

(ii) for the words “other than a hybrid of sunflower, swede rape or turnip rape” there shall be substituted the words—

“other than a component used in the production of a hybrid variety,”;

(c) in sub-paragraph (d) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted;

(d) in sub-paragraph (f) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(e) in sub-paragraph (g)—

(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and

(ii) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted;

(f) in sub-paragraph (h) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted; and

(g) in sub-paragraph (j) after the word “linseed” there shall be inserted the words “, monoecious hemp”.

(11) In regulation 26(12)(b) for the words “in accordance with the provisions of paragraph 6(d) of the Annex to Commission Decision 95/232/EC as extended by Council Directive 2002/68/EC” there shall be substituted the words—

“in accordance with point (aa) of Annex IV to the Oil and Fibre Plant Seed Directive.”.

(12) In Schedule 1—

(a) in Part I, paragraph 1—

(i) in sub-paragraph (1)—

(aa) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted;

(bb) in paragraph (b)(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;

(cc) in paragraph (b)(ii) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(dd) in paragraph (b)(iii) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(ii) in sub-paragraph (2) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted;

(b) in Part II, paragraph 13—

(i) in sub-paragraph (1)—

(aa) after the words “brown mustard, flax,” there shall be inserted the word “hemp,”;

(bb) after the words “a hybrid” the words “of sunflower, swede rape or turnip rape” shall be deleted;

(cc) in paragraph (b)(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;

(dd) in paragraph (b)(ii) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(ee) in paragraph (b)(iii) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(ii) in sub-paragraph (2)—

(aa) after the words “a hybrid variety” the words “of swede rape or turnip rape” shall be deleted; and

(bb) after the words “inbred line” the words “of sunflower” shall be deleted; and

(iii) in sub-paragraph (3) after the words “hybrid variety” the words “of sunflower” shall be deleted;

(c) in Part III—

(i) in paragraph 27—

(aa) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and

(bb) after the word “hybrids” the words “of sunflower, swede rape and turnip rape” shall be deleted;

(ii) in paragraph 35 after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(iii) in paragraph 43 after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(d) in Part V, paragraph 64(3)(c) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted.

(13) In Schedule 2 after paragraph 3 there shall be inserted the following paragraph—

“3A.   Hemp.”.

(14) In Schedule 3—

(a) in paragraph 1(2) after the words “of swede rape” the words “or turnip rape” shall be deleted;

(b) in the table in paragraph 2—

(i) in entry (a) in column 1—

(aa) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and

(bb) after the words “hybrids of swede rape” the words “and turnip rape” shall be deleted; and

(ii) in entry (b) in column 1 after the words “of swede rape” the words “and turnip rape” shall be deleted;

(c) after entry (c)(iii) in the table at paragraph 2 there shall be inserted the following entry—

“(d) Monoecious hemp
(i) for the production of basic seed	5,000 metres
(ii) for the production of CS seed	1,000 metres.”;

(d) in paragraphs 5 and 6 the words “of sunflower” shall be deleted;

(e) in paragraph 7 after the words “brown mustard,” there shall be inserted the words “and dioecious hemp,”;

(f) after paragraph 7 there shall be inserted the following paragraph—

“7A.   In the case of monoecious hemp, the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed—

(a) one per 30 square metres for the production of basic seed; and

(b) one per 10 square metres for the production of C1 and C2 seed.”;

(g) after paragraph 9 there shall be inserted the following paragraph—

“9A.   In the case of the production of a hybrid variety of swede rape produced using the male sterility the percentage by number of plants which are recognisable as obviously not being true to the inbred line or the component shall not exceed—

(a) for the production of basic seed—

(i) in the case of an inbred line; 0.1%;

(ii) in the case of a male component of a simple hybrid; 0.1%; and

(iii) in the case of a female component of a simple hybrid; 0.2%; and

(b) for the production of CS seed—

(i) in the case of a male component; 0.3%; and

(ii) in the case of a female component; 1.0%.”.

(h) in paragraph 10—

(i) the words “or turnip rape” shall be deleted; and

(ii) for the words “at least 98%” shall be substituted the words—

“at least 99% for the production of basic seed and at least 98% for the production of CS seed.”; and

(i) in paragraph 12(6) the words “or turnip rape” shall be deleted.

(15) In Schedule 4—

(a) in Part I, paragraph 2 the words “or turnip rape” shall be deleted;

(b) for the table in paragraph 3 there shall be substituted the following table:

“Species and category	Minimum varietal purity
	(percentage)
Column (1)	Column (2)
(a) Flax — (i) basic seed (ii) C1 seed (iii) C2 seed (iv) C3 seed	99.7 98.0 97.5 97.5
(b) Linseed — (i) basic seed (ii) C1 seed (iii) C2 seed	99.7 98.0 97.5
(c) Soya bean — (i) basic seed (ii) C1 seed (iii) C2 seed	99.5 99.0 99.0
(d) Sunflower except hybrid varieties and components of hybrid varieties — (i) basic seed (ii) CS seed	99.7 99.0
(e) Swede rape and turnip rape except hybrid varieties, components of hybrid varieties and varieties to be used solely for fodder purposes — (i) basic seed (ii) CS seed	99.9 99.7
(f) Swede rape and turnip rape varieties to be used solely for fodder purposes except hybrid varieties and components of hybrid varieties — (i) basic seed (ii) CS seed	99.7 99.0
(g) Components of hybrid varieties of swede rape and hybrid varieties produced using male sterility — (i) basic seed, female component (ii) basic seed, male component (iii) CS seed	99.0 99.9 90.0”;

(c) in Part II, paragraph 6 the words “or turnip rape” shall be deleted;

(d) in the table in paragraph 7(1) after the entry for flax there shall be inserted the following entry—

“Hemp – basic, CS, C1 and C2 seed (*)

98

Not applicable

30

0

0

Not applicable

Not applicable

Not applicable

Not applicable;”;

(e) after the table in paragraph 7(1) there shall be inserted the following footnote—

• “(*) Hemp seed shall be free from Orobanche spp. However, the presence of one seed of Orobanche spp. in a sample of 100 grams shall not be regarded as an impurity where a second sample of 200 grams is free from any such seeds.”;

(f) in the table in paragraph 8 after the entry for flax there shall be inserted the following entry—

“Basic, CS, C1 and C2 seed of hemp

75”;

(g) in the table in paragraph 9(1), after the entry for flax there shall be inserted the following entry—

“Hemp

5

Not applicable

Not applicable”; and

(h) in Part III, paragraph 10 the words “or turnip rape” shall be deleted.

(16) In the table in Schedule 5—

(a) in paragraph 1 in Column (1)—

(i) in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;

(ii) in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(iii) in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(b) in paragraph 1 in Column (2)—

(i) in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;

(ii) in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(iii) in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(c) in paragraph 2 in Column (1)—

(i) in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;

(ii) in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(iii) in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”;

(d) in paragraph 2 in Column (2)—

(i) in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;

(ii) in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and

(iii) in sub-paragraph (e) after the word “linseed,” there shall be inserted the words “, monoecious hemp”;

(e) in paragraph 3 in Column (1) the words “In the case of sunflower, swede rape or turnip rape” shall be deleted;

(f) in paragraph 3 in Column (2) the words “In the case of sunflower, swede rape or turnip rape” shall be deleted;

(g) in paragraph 4 in Column (1) the words “In the case of sunflower, swede rape or turnip rape” shall be deleted; and

(h) in paragraph 4 in Column (2) the words “In the case of sunflower, swede rape or turnip rape” shall be deleted.

(17) In the table in Schedule 7 after the entry for flax there shall be inserted the following entry—

“Hemp

10

600

600”.

(18) In Schedule 8—

(a) in Part IV, paragraph 8(n) the words “of swede rape or turnip rape” shall be deleted; and

(b) in Part VI, paragraph 24—

(i) in sub-paragraph (a) the words “followed by the number 95/232/EC” shall be deleted; and

(ii) in sub-paragraph (k) the word “number” shall be replaced by the word “weight”.

(19) In the table in Schedule 10 after the entry for grey label there shall be inserted the following entry—

“hemp

regulation 3.”

(1)

S.I. 2002/3174.

(2)

O.J. No. L193, 20.7.2002, p. 74.

(3)

O.J. No. L195, 24.7.2002, p. 32.

(4)

O.J. No. L138, 5.6.2003, p. 40; by virtue of Commission Decision 2003/234/EC (O.J. No. L86, 3.4.2003, p48), amending Decision 74/360/EEC, Council Directive 2002/57/EC now applies to the marketing in the United Kingdom of seed of hemp plants.