Commission Directive 2009/74/ECShow full title

PART B U.K.

Annexes I, II and III to Directive 66/402/EEC are replaced by the following:

‘ANNEX I U.K. CONDITIONS TO BE SATISFIED BY THE CROP

1. The previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous cropping.

2. The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination and in particular, in the case of Sorghum spp., from sources of Sorghum halepense:

Crop	Minimum distance
Phalaris canariensis, Secale cereale other than hybrids:
— for the production of basic seed,	300 m
— for the production of certified seed,	250 m
Sorghum spp.	300 m
xTriticosecale, self-pollinating varieties
— for the production of basic seed,	50 m
— for the production of certified seed,	20 m
Zea mays	200 m

These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.

3. The crop shall have sufficient varietal identity and varietal purity or, in the case of a crop of an inbred line, sufficient identity and purity as regards its characteristics. For the production of seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or fertility restoration

In particular, crops of Oryza sativa, Phalaris canariensis, Secale cereale other than hybrids, Sorghum spp. and Zea mays shall conform to the following other standards or conditions:

A.

Oryza sativa :

The number of plants which are recognisable as obviously being wild plants or red-grain plants shall not exceed:

• 0 for the production of basic seed,

• 1 per 50 m2 for the production of certified seed,

B.

Phalaris canariensis, Secale cereale other than hybrids:

The number of plant of the crop species, which are recognisable as obviously not being true to the variety shall not exceed:

• one per 30 m2 for the production of basic seed,

• one per 10 m2 for the production of certified seed,

C.

Sorghum spp.

(a)

The percentage by number of plants of a Sorghum species other than the crop species or plants which are recognisable as obviously not being true to the inbred line or to the component shall not exceed:

(aa)

for the production of basic seed

(i)

at flowering: 0,1 %;

(ii)

at maturity: 0,1 %;

(bb)

for the production of certified seed

(i)

plants of the male component which have shed pollen when the plants of the female component have receptive stigmas: 0,1 %;

(ii)

plants of the female component

• at flowering: 0,3 %;

• at maturity: 0,1 %;

(b)

The following other standards or conditions shall be satisfied for the production of certified seed of hybrid varieties:

(aa)

sufficient pollen shall be shed by the plants of the male component while the plants of the female component have receptive stigmas;

(bb)

where plants of the female component have receptive stigmas, the percentage of plants of that component which have shed pollen or are shedding pollen shall not exceed 0,1 %;

(c)

Crops of open pollinated varieties or synthetic varieties of Sorghum spp. shall conform to the following standards: the number of plants of the crop species, which are recognisable as obviously not being true to the variety shall not exceed:

• one per 30 m² for the production of basic seed,

• one per 10 m² for the production of certified seed,

D.

Zea mays :

(a)

The percentage by number of plants which are recognisable as obviously not being true to the variety, to the inbred line, or to the component shall not exceed:

(aa)

for the production of basic seed:

(i)

inbred lines, 0,1 %;

(ii)

simple hybrid, each component, 0,1 %;

(iii)

open-pollinated varieties, 0,5 %;

(bb)

for the production of certified seed:

(i)

hybrid varieties component:

• inbred lines, 0,2 %;

• simple hybrid, 0,2 %;

• open-pollinated variety, 1,0 %;

(ii)

open-pollinated varieties, 1,0 %;

(b)

The following other standards or conditions shall be satisfied for the production of seed of hybrid varieties:

(aa)

a sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;

(bb)

where appropriate, emasculation shall be carried out;

(cc)

where 5 % or more of the female component plants have receptive stigmas, the percentage of female component which have shed pollen or are shedding pollen shall not exceed:

• 1 % at any official field inspection, and,

• 2 % at the total of the official field inspections,

Plants are considered as having shed pollen or shedding pollen where, on 50 mm or more of the central axis or laterals of a panicle, the anthers have emerged from their glumes and have shed or are shedding pollen.

4. Hybrids of Secale cereale

(a) The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination.

Crop	Minimum distance
— for the production of basic seed,
— where male sterility is used,	1 000 m
— where male sterility is not used,	600 m
— for the production of certified seed,	500 m

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

In particular, the crop shall conform to the following other standards or conditions:

(i)

the number of plants of the crop species, which are recognisable as obviously not being true to the component shall not exceed,

• one per 30 m² for the production of basic seed,

• one per 10 m² for the production of certified seed, this standard to apply in official field inspections to the female component only;

(ii)

in the case of basic seed, where male sterility is used, the level of sterility of the male-sterile component shall be at least 98 %.

(c) Where appropriate, certified seed shall be produced in mixed cultivation of a female male-sterile component with a male component which restores male fertility.

5. Crops to produce certified seed of hybrids of Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum, Triticum spelta and self-pollinating xTriticosecale

(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 m from any other variety of the same species except from a crop of the male component,

• this distance can 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.

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

(i)

the minimum varietal purity of each component shall be:

• Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum and Triticum spelta: 99,7 %,

• self-pollinating xTriticosecale: 99,0 %;

(ii)

the minimum hybridity must 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.

6. Harmful organisms which reduce the usefulness of the seed, in particular Ustilaginaceae, shall be at the lowest possible level.

7. The satisfaction of the abovementioned other standards or conditions shall, in the case of basic seed, be examined in official field inspections and, in the case of certified seed, be examined either in official field inspections or in inspections carried out under official supervision.

These field inspections shall be carried out in accordance with the following conditions:

A.

The condition and the stage of development of the crop shall permit an adequate examination.

B.

The number of field inspections shall be at least:

(a)

for Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Phalaris canariensis, xTriticosecale, Triticum aestivum, Triticum durum, Triticum spelta, Secale cereale: one;

(b)

for Sorghum spp. and Zea mays during the flowering season:

(aa)

open-pollinated varieties: one,

(bb)

inbred lines or hybrids: three.

When the crop follows a Sorghum spp. and Zea mays crop in either the preceding year or current year, at least one special field inspection shall be made to check the satisfaction of the provisions laid down in point 1 of this Annex.

C.

The size, the number and the distribution of the portions of the field to be inspected in order to examine the satisfaction of the provisions of this Annex shall be determined in accordance with appropriate methods.

ANNEX II U.K. CONDITIONS TO BE SATISFIED BY THE SEED

1. The seed shall have sufficient varietal identity and varietal purity or, in the case of seed of an inbred line, sufficient identity and purity as regards its characteristics. For the seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components.

In particular, the seed of the species listed below shall conform to the following other standards or conditions:

A.

Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum, Triticum spelta other than hybrids in each case:

Category	Minimum varietal purity(%)
Basic seed	99,9
Certified seed, 1st generation	99,7
Certified seed, 2nd generation	99,0

The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.

B.

Self-pollinating varieties of xTriticosecale other than hybrids

Category	Minimum varietal purity(%)
Basic seed	99,7
Certified seed, 1st generation	99,0
Certified seed, 2nd generation	98,0

The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.

C.

Hybrids of Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum, Triticum spelta, and self-pollinating xTriticosecale.

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.

D.

Sorghum spp. and Zea mays:

Where for the production of certified seed of hybrid varieties a female male-sterile component and a male component which does not restore male fertility have been used, the seed shall be produced:

• either by blending seed lots in a proportion appropriate to the variety where, on the one hand, a female male-sterile component has been used and, on the other, a female male-fertile component has been used,

• or by growing the female male-sterile component and the female male-fertile component in a proportion appropriate to the variety. The proportion of these components shall be examined in field inspections carried out in accordance with the conditions laid down in Annex I.

E.

Hybrids of Secale cereale

Seed shall not be certified as certified seed unless due account has been taken of the results of an official post-control test, on samples of basic seed taken officially and carried out during the growing season of the seed entered for certification as certified seed to ascertain whether the basic seed met the requirements for basic seed laid down in this Directive in respect of identity and purity as regards the characteristics of the components, including male sterility.

2. The seed shall conform to the following other standards or conditions as regards germination, analytical purity and content of seeds of other plants species::

A.

Table:

Species and category	Minimum germination(% of pure seed)	Minimum analytical purity(% by weight)	Maximum content by number of seeds of other plant species including red seeds of Oryza sativa in a sample of the weight specified in column 4 of Annex III(total per column)
			Other plant species (a)	Red seeds of Oryza sativa	Other cereal species	Plant species other than cereals	Avena fatua, Avena sterilis, Lolium temulentum	Raphanus raphanistrum, Agrostemma githago	Panicum spp.
1	2	3	4	5	6	7	8	9	10
Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum, Triticum durum, Triticum spelta:
— basic seed,	85	99	4		1 (b)	3	0 (c)	1
— certified seed, 1st and 2nd generation,	85 (d)	98	10		7	7	0 (c)	3
Avena nuda:
— basic seed,	75	99	4		1 (b)	3	0 (c)	1
— certified seed, 1st and 2nd generation,	75 (d)	98	10		7	7	0 (c)	3
Oryza sativa:
— basic seed,	80	98	4	1					1
— certified seed, 1st generation,	80	98	10	3					3
— certified seed, 2nd generation,	80	98	15	5					3
Secale cereale:
— basic seed,	85	98	4		1 (b)	3	0 (c)	1
— certified seed,	85	98	10		7	7	0 (c)	3
Phalaris canariensis:
— basic seed,	75	98	4		1 (b)		0 (c)
— certified seed,	75	98	10		5		0 (c)
Sorghum spp.	80	98	0
xTriticosecale:
— basic seed,	80	98	4		1 (b)	3	0 (c)	1
— certified seed, 1st and 2nd generation,	80	98	10		7	7	0 (c)	3
Zea mays	90	98	0

B.

Other standards or conditions applicable where reference is made to them in the table under Section 2 (A) of this Annex:

(a)

the maximum contents of seeds laid down in column 4 include also the seeds of the species in columns 5 to 10;

(b)

a second seed shall not be regarded as an impurity if a second sample of same weight is free from any seeds of other cereals species;

(c)

the presence of one seed of Avena fatua, Avena sterilis or Lolium temulentum in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of these species;

(d)

in the case of varieties of Hordeum vulgare (naked barley) the required minimum germination capacity is reduced to 75 % of pure seed. The official label shall include the words ‘Minimum germination capacity 75 %’.

3. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

In particular, the seed shall conform to the following standards in respect of Claviceps purpurea (maximum number of sclerotia or fragments of sclerotia in a sample of the weight specified in column 3 of Annex III).

a The presence of five sclerotia or fragments of sclerotia in a sample of the prescribed weight shall be deemed to be in conformity with the standards, where a second sample of the same weight contains not more than four sclerotia or fragments of sclerotia.
Category	Claviceps purpurea
Cereals other than hybrids of Secale cereale:
— basic seed,	1
— certified seed,	3
Hybrids of Secale cereale:
— basic seed,	1
— certified seed,	4a

ANNEX III U.K.

LOT AND SAMPLE WEIGHTS

Species	Maximum weight of a lot(tonnes)	Minimum weight of a sample to be drawn from a lot(grams)	Weight of the sample for determinations by number provided for in columns 4 to 10 of Annex II (2) (A) and Annex II (3)(grams)
1	2	3	4
Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum, Triticum durum, Triticum spelta, Secale cereale, xTriticosecale	30	1 000	500
Phalaris canariensis	10	400	200
Oryza sativa	30	500	500
Sorghum bicolor, Sorghum bicolor x Sorghum sudanense	30	1 000	900
Sorghum sudanense	10	1 000	900
Zea mays, basic seed of inbred lines	40	250	250
Zea mays, basic seed other than of inbred lines; certified seed	40	1 000	1 000

The maximum lot weight shall not be exceeded by more than 5 %.’.