S.I. No. 142/2001 - European Communities (Beet Seed) Regulations, 2001

01. The previous cropping of the field shall not have been incompatible with the production of seeds of

Beta vulgaris

of the variety of the crop, and the field shall be sufficiently free from such plants that are volunteers from previous cropping.

1. The authority issuing the document,

2. The species, indicated least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both, indication whether sugar beet or fodder beet,

3. The variety, indicated at least in roman characters,

4. The category,

5. The reference number of the seed used to sow the field and the Name of the country or countries which certified that seed,

5A. (1) Beet seed -

(a) which has been produced directly from pre-basic or basic seed officially certified in one or more Member States or in a third country to which the said Seventh Council Decision on the equivalence of field inspections carried out in third countries on seed-producing crops, and

(b) which has been harvested in another Member State

shall, on request and without prejudice to the provisions of the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1981 (

S.I. No. 409 of 1981

), be officially certified as basic seed or certified seed if that seed has undergone field inspection satisfying the conditions laid down in Annex 1.A for the relevant category and if official examination has shown that the conditions laid down in Annex 1.B for the same category are satisfied.

(2) Beet seed which has been harvested in another Member State and which is intended for certification in accordance with the provisions laid down in paragraph (1) shall -

(a) be packed and labelled with an official label complying with paragraphs A and B of Annex IV, in accordance with Regulations 7 and 8 of these Regulations, and

(b) be accompanied by an official label document complying with paragraph C of Annex IV,

(3) Beet seed-

(a) which has been produced directly from basic seed officially certified in one or more Member States or in a third country to which the said Seventh Council Decision on the equivalence of field inspections carried out in third countries on seed-producing crops applies

(b) which has been harvested in a third country.

shall, on request and without prejudice to the provisions of the European Communities (National Catalogue of Agricultural Plant Varieties) Regulations, 1981, be officially certified as certified seed if the seed has undergone field inspection satisfying the conditions laid down in the Seventh Council Decision on the equivalence of field inspections carried out in third countries on seed-producing crops for the relevant category and if official examination has shown the conditions laid down in Annex I.B for that category are satisfied.

Derogation from Certification and Marketing Provisions

6. The reference number of the field or lot,

7. The area cultivated for the production of the lot covered by the document,

8. The quantity of seed harvested and number of packages,

9. Attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled,

10. Where appropriate, the results of a preliminary seed analysis.

GIVEN under my Official Seal,

this 23rd day of February 2001

Joe Walsh

Minister for Agriculture, Food and Rural Development

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

The Regulations -

(1) consolidate existing Regulations made under the

European Communities Act, 1972

, relating to such seeds

(2) provide a framework to introduce detailed rules in respect of genetically modified plant varieties and plant genetic resources.

(1)

OJ No. L125/2290, 11 July, 1966

(1)

OJ No. L125/2290, 11 July, 1966

(1)

OJ No. L48/4, 26 February, 1969

(2)

OJ No. L87/24, 17 April, 1971

(3)

OJ No. L171/37, 29 July, 1972

(4)

OJ No. L287/22, 26 December, 1972

(5)

OJ Special Edition p. 14, 27 March, 1972

(6)

OJ No. L2/1, 1 January, 1973

(7)

OJ No. L356/79, 27 December, 1973

(8)

OJ No. L196/6, 26 July, 1975

(9)

OJ No. L83/34, 30 March, 1976

(10)

OJ No. L16/23, 20 January, 1978

(11)

OJ No. L236/13, 26 August, 1978

(12)

OJ No. L49/39, 18 February, 1987

(13)

OJ No. L56/42, 2 March, 1988

(14)

OJ No. L187/31, 16 July, 1988

(15)

OJ No. L304/10, 27 November, 1997

(16)

OJ No. L25/1, 1 February, 1999

(1)

OJ No. L125/2290, 11 July, 1966

(1)

OJ No. L195/1, 26 July, 1985

(2)

OJ No. L125/2290, 11 July, 1966

(1)

OJ No. L225/1, 12 October, 1970

(1)

OJ No. L125/2290, 11 July, 1966

(1)

O.J. L225/1, 12, October, 1970

(2)

O.J. L118/23, 7 May, 1985

(*)

Excluding where appropriate, granulated pesticides, pelleting substances or other solid additives

(*)

Excluding where appropriate, granulated pesticides, pelleting substances or other solid additives

11. For monogerm seed, the word “monogerm”,

12. For precision seed, the word “precision”.

ANNEX IV

Label and document provided in the case of seed not finally Certified and harvested in another Member State.

A. Information required for the label.

13. (1) In addition to the powers conferred by Regulation 12 of these Regulations, an authorised officer may at any reasonable time enter and inspect any premises in which he has reasonable grounds for believing that the business of processing, packing or marketing, or of importing or exporting, beet seed is carried on, or any other premises in which he so believes such seed to be kept, being seed which he so believes to have been landed or otherwise brought into the State, or any railway wagon, vehicle, ship, vessel or aircraft in which he so believes such seed to be kept, and any such officer may examine the stock and take samples of any beet seed which he finds in the course of his inspection.

(2) Where a sample is taken pursuant to this Regulation, the authorised officer concerned shall:-

(a) notify forthwith the appropriate person that the sample is so taken, and

(b) if so required by the appropriate person at the time of the giving of the notification, take a second sample, which shall be like the sample already so taken, and mark and leave it with the appropriate person,

and in case a second sample is left pursuant to a requirement under this Regulation, the person making the requirement may cause the sample to be tested, examined or analysed.

(3) Any person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

(4) The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any powers conferred by these Regulations, the officer shall, if requested by any person affected, produce the certificate to that person.

(5) In this Regulation -

“the appropriate person” means,

(a) in relation to premises, any person who appears to an authorised officer to be, for the time being, in charge of the premises,

(b) in relation to a railway wagon, vehicle, ship, vessel or aircraft the owner thereof or person who is, for the time being, in charge thereof or the agent of such owner.

Minister may require certain seed to be disposed of.

14. (1) Where a sample of seed is taken pursuant to these Regulations by an authorised officer and is found on official examination not to comply with a requirement of these Regulations, the Minister may require that the seed shall be destroyed or otherwise disposed of in such manner as the Minister shall determine.

(2) In case the Minister makes a requirement under this Regulation the following provisions shall apply.

(a) he shall inform in writing of the requirement the person who is in possession or control of the seed to which the requirement relates,

(b) where such person is so informed, pending the disposal of such seed in accordance with the requirement, the seed shall be moved only with the consent of an authorised officer, and

(c) such person shall dispose of the seed, or cause or permit it to be disposed of, only in accordance with the requirement.

Prosecution of Offences

15. An Offence under these Regulations may be prosecuted by the Minister.

Penalty

16. A person who contravenes these Regulations shall be guilty of an Offence and shall be liable on summary conviction to a fine not exceeding £400 or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

Saver

17. (1) Nothing in these Regulations shall be construed as affecting a provision of any statute, whether passed before or after the making of these Regulations, which is a provision for the protection of human life or health, animal life or health, plant life or health, or industrial or commercial property.

(2) Specific conditions may be established in accordance with the procedure laid down in

Article 21 of Council Directive 66/400/EEC of 14 June, 1966

(1)

to take account of developments in the areas of

(a) conditions under which chemically treated seed may be marketed;

(b) conditions under which seed may be marketed in relation to the conservation in situ and the sustainable use of plant genetic resources, including seed mixtures of species which also include species listed in Article 1 of Council Directive 70/457/EEC

(O.J. Ref. L.225/1, 12 October, 1970)

, and are associated with specific natural and semi-natural habitats and are threatened by genetic erosion;

(c) conditions under which seed suitable for organic production may be marketed.

(3) The specific conditions referred to in paragraph (2) shall include in particular the following points

(i) in the case of (b), the seed of these species shall be of a known provenance approved by the appropriate Authority in each Member State for marketing the seed in defined areas;

(ii) in the case of (b), appropriate quantitative restrictions.

Revocation

18. The following Regulations are hereby revoked:-

(i) The European Communities (Beet Seeds) Regulations 1981 (

S.I. No. 37 of 1981

)

(ii) European Communities (Beet Seeds) (Amendment) Regulations, 1985 (

S.I. No. 52 of 1985

)

(iii) European Communities (Beet Seeds) (Amendment) Regulations, 1991 (

S.I. No. 108 of 1991

)

(iv) European Communities (Beet Seeds) (Amendment) Regulations, 1997 (

S.I. No. 55 of 1997

).

SCHEDULE

ANNEX I

CONDITIONS FOR CERTIFICATION

A. THE CROP

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by

Section 3

of the

European Communities Act, 1972

(No. 27 of 1972), for the purpose of giving effect to Council Directive No. 66/400/EEC of 14 June, 1966

1

, as amended by the directives, act and decision specified in Regulation 2(2) following, hereby make the following regulations

Short title and commencement.