Seeds of Agricultural Plants and Vegetables Regulations, 2010

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,610, 18 ta’ Ġunju, 2010

L.N. 331 of 2010

PLANT QUARANTINE ACT

(CAP. 433)

Seeds of Agricultural Plants and Vegetables Regulations, 2010

IN exercise of the powers conferred by article 32 of the Plant

Quarantine Act, the Minister for Resources and Rural Affairs has

made the following regulations:-

The title of these regulations is the Seeds of Agricultural

Plants and Vegetables Regulations, 2010.

(1) The scope of these regulations is to make provisions Scope.

to assure that any seeds of agricultural plants and vegetables

produced in Malta or placed on the market in Malta or intended to

be marketed in another Member State meets specified standards of

quality.

(2) These regulations also apply to the production, with

a view to marketing and to the marketing, of seeds of agricultural

plants and vegetables of the genera, species and their hybrids

listed in Schedule I of these regulations, within the European

Union and shall apply without prejudice to the plant health rules

laid down by Council Directive 2000/29/EC as transposed in the

Plant Quarantine (Harmful Organisms) Regulations, 2004 and their

amendments.

(3) These regulations shall apply to seeds intended

to be used only for the production of crops and shall not apply to

seeds

(a)

marketed for delivery to third countries

(b) used or to be used in the course of a process of

selection; or

(c) marketed with a view to processing, treatment or

cleaning, where their identity is stated by the person by whom

they are marketed.

(4) These regulations shall not apply to seeds intended

to be exported to third countries provided that they are identified as

such and kept sufficiently isolated.

(5) These regulations transpose Commission Directive

2009/74/EC.

(1) For the purpose of these regulations, the following

general definitions shall apply

“agricultural plants” are plants that are subdivided into

(a) cereals that are plants of the genera and

species listed in Table 1.1 of Schedule I of these

regulations, intended for agricultural or horticultural

production other than the production for ornamental

purposes;

(b) fodder plants that are plants of genera and

species listed in Tables 1.2 and 1.3 of Schedule I

irrespective of the use for which the seeds as grown is

intended;

(c) seed potatoes that are tubers or propagation

material for planting other than true potato seed, of the

genus and species stated in Table 1.4 of Schedule I;

“the Act” means the Plant Quarantine Act;

“the Department” means the Department responsible for

plant health;

“the Director” means the Director responsible for the

Department and includes to the extent of the authority given,

any officer authorised by him, in writing, to act in that behalf

for any of the purposes of the Act;

“genetically-modified seed” refers to seed that has its

genetic material altered in a way that does not exist naturally

within the meaning of Directive 2001/18/EC as transposed in

the Deliberate Release into the Environment of Genetically

Modified Organisms Regulations, 2002 (hereinafter the 2002

Regulations);

“marketing” refers to the sale, holding with a view to

sale, offer for sale and any disposal, supply or transfer aimed

at commercial exploitation of seed to third parties, whether or

not for consideration, and “market” and “marketed” shall be

construed accordingly;

Provided that trade in seed that is not aimed at

commercial exploitation of the variety, such as the following

operations, shall not be regarded as marketing

(a) the supply of seed to official testing and

inspection bodies;

(b) the supply of seed to providers of services for

processing or packaging, provided that the provider of

services does not acquire title to seed thus supplied.

Provided further that the supply of seed, under

certain conditions to providers of services for the

production of certain agricultural raw materials,

intended for industrial purposes, or seed propagation

for that purpose, shall not be regarded as marketing,

provided that the provider of services does not acquire

title to either the seed thus supplied or the product of

the harvest. The supplier of seed shall provide the Seed

Certification Authority with a copy of the relevant parts

of the contracts made with the provider of services and

this shall include the standards and conditions currently

met by the seed provided

“official examination” means

(a) an examination carried out by or on behalf

of the Department, subject to an application for such

examination having been done to the Director in such

form and manner and at such time as the Director may,

at his discretion, require and to the payment of any fees;

(b) an examination carried out by or on behalf of

the said Department; or

(c) in relation to seed produced elsewhere

other than in Malta, an examination approved by the

Department;

“official label” means a label issued or authorised by the

Department;

“official measures” are measures taken by

(a)

the Department;

(b) any legal person acting under the

responsibility of the Department; or

(c) any natural person duly designated for that

purpose, in the case of ancillary activities, which are

also subject to the Department’s control;

Provided that the persons mentioned under (b) and

(c) above derive no private gain from such measures

“seed lot” means an identifiable consignment of seed of

a weight not exceeding that specified in Schedule IV, bearing

a unique reference number, in which the seed shall have been

mixed or blended so that, as far as is practicable, the seed lot

shows no evidence of heterogeneity;

“seed as grown” means seed as harvested, marketed for

processing, provided that the identity of the seed is ensured;

“small packages of fodder plants” refers to packages of

seed containing a net weight of not more than 10 kilograms of

pre-basic seed;

“small EC A packages of fodder plants” are packages

containing a mixture of seeds not intended for the

production of fodder plants with a net weight of not more

than 2 kilograms, excluding, where appropriate, granulated

pesticides, pelleting substances or other solid additives;

“small EC B packages of fodder plants” are packages

which may contain basic seed, certified seed, commercial seed

or, if the packages concerned are not small EC A packages, a

mixture of seed with a net weight not exceeding 10 kilograms

excluding, where appropriate, granulated pesticides, pelleting

substances or other solid additives;

“small EC packages of vegetables” refers to packages

with certified seed or standard seed up to a maximum net

weight as specified hereunder

(a) 5 kilograms for legumes;

(b) 500 grams for asparagus, red beet or beetroot,

carrots, gourd, marrows, onions, radish, spinach, spinach

beet or chard, turnips and watermelons; and

(c) 100 grams for all other species of vegetables;

“vegetables” are plants of the genera and species listed

in Table 1.5 of Schedule I and intended for agricultural or

horticultural production but not for ornamental uses.

(2) The following definitions shall apply in respect of

“basic seed of hybrids of oats, barley, rye, wheat, durum

wheat, spelt wheat and self-pollinating x Triticosecale” means

seed which -

(a) is intended for the production of hybrids;

(b) subject to the provisions of regulation 14

hereof, satisfies the conditions laid down in Schedules II

and III for basic seed; and

(c) has been found by official examination or

in the case of the conditions laid down in Schedule III,

either by official examination or by examination carried

out under official supervision to satisfy the conditions

set out in paragraphs (a) and (b);

“basic seed of maize and sorghum species” refers to

seed that can be -

1. basic seed of open-pollinated varieties which

refers to seed that -

B

(i) has been produced under the

responsibility of the breeder according to accepted

practices for the maintenance of the variety;

(ii) is intended for the production of certified

seed of the same varieties, top cross hybrids or of

inter-varietal hybrids;

(iii) subject to the provisions of regulation

14, satisfies the conditions laid down in Schedules

II and III for basic seed; and

(iv) has been found by official examination

or in the case of the conditions laid down in

Schedule III, either by official examination or by

examination carried out under official supervision

to satisfy the conditions set out in paragraphs (i),

(ii) and (iii);

2. basic seed of inbred lines refers to seed

which -

(i) subject to the provisions of regulation

14, satisfies the conditions laid down in Schedules

II and III for basic seed; and

(ii) has been found by official examination

or in the case of the conditions laid down in

Schedule III, either by official examination or by

examination carried out under official supervision

to satisfy the conditions set out in paragraph (i);

3. basic seed of simple hybrids means seed that -

(i) is intended for the production of double

hybrids, triple cross or top cross hybrids;

(ii) subject to the provisions of regulation

14, satisfies the conditions laid down in Schedules

II and III for basic seed; and

(iii) has been found by official examination

or in the case of the conditions laid down in

Schedule III, either by official examination or by

examination carried out under official supervision

to satisfy the conditions set out in paragraphs (i)

and (ii);

“basic seed of oats, barley, canary grass, rye, wheat,

durum wheat, spelt wheat and self-pollinating x Triticosecale,

other than hybrids in each case” refers to seed that -

(a) has been produced by or under the

responsibility of the breeder, according to accepted

practices for the maintenance of the variety;

(b) is intended for the production of certified

seed, certified seed of the first generation or certified

seed of the second generation;

(c) subject to the provisions of regulation 14,

satisfies the conditions laid down in Schedules II and III

for basic seed, and

(d) has been found by official examination or

in the case of the conditions laid down in Schedule III,

either by official examination or by examination carried

out under official supervision to satisfy the conditions

set out in paragraphs (a), (b) and (c);

“certified seed of canary grass, other than hybrids, rye,

sorghum, sudan grass, maize and hybrids of oats, barley,

wheat, durum wheat, spelt wheat and self-pollinating x

Triticosecale refers to seed which -

(a) has originated directly from basic seed or, if

the breeder so requests, from pre-basic seed which can

satisfy and has been found, by official examination, to

satisfy the conditions laid down in Schedules II and III

for basic seed;

(b) is intended for purposes other than the

production of cereal seed;

(c) subject to the provisions of regulation 14,

satisfies the conditions laid down in Schedules II and III

for certified seed; and

(d) has been found by official examination or by

examination carried out under official supervision to

satisfy the conditions set out in paragraphs (a), (b) and

(c);

“certified seed of the first generation of oats, barley,

wheat, durum wheat, spelt wheat and self-pollinating x

Triticosecale, other than hybrids in each case refers to seed

which -

(a) has been produced directly from basic seed

or, if the breeder so requests, from pre-basic seed, which

has been found by official examination, to satisfy the

conditions laid in Schedules II and III for basic seed;

(b) is intended either for the production of

certified seed of the second generation or for purposes

other than the production of cereal seed;

(c) satisfies the conditions laid down in Schedules

II and III for certified seed of the first generation; and

(d) has been found by official examination or by

examination carried out under official supervision to

satisfy the conditions set out in paragraphs (a), (b) and

(c);

“certified seed of the second generation of oats, barley,

wheat, durum wheat, spelt wheat and self-pollinating x

Triticosecale, other than hybrids in each case means seed

that -

(a) has been produced directly from basic seed,

from certified seed of the first generation, or if the

breeder so requests, from seed of a generation prior to

basic seed which has been found by official examination

to satisfy conditions laid down in Schedules II and III

for basic seed;

(b) is intended for purposes other than the

production of cereal seed;

(c) satisfies the conditions laid down in Schedules

II and III for certified seed of the second generation; and

(d) has been found by official examination or by

examination carried out under official supervision to

satisfy the conditions set out in paragraphs (a), (b) and

(c);

“pre-basic seed” means seed -

(a) of a generation earlier than that of basic seed

and has been produced by or under the responsibility of

the breeder; and

(b) which is intended for the production of

basic seed or, if the breeder so requests, certified seed,

certified seed of the first generation or certified seed of

the second generation; and

(c)

which satisfies the requirements for basic

seed;

“varieties, hybrids and inbred lines of maize and

sorghum species” refer to -

(a) the open-pollinated variety which is a

sufficiently uniform and stable variety;

(b) the inbred line which is a sufficiently

uniform and stable line, obtained either by artificial self-

fertilization accompanied with selection over several

successive generations or by equivalent operations;

(c) the simple hybrid which refers to the first

generation of a cross, defined by the breeder, between

two inbred lines;

(d) the double hybrid which is the first generation

of a cross, defined by the breeder, between two simple

hybrids;

(e) the triple cross hybrid meaning the first

generation of a cross, defined by the breeder, between an

inbred line and a simple hybrid;

(f) the top cross hybrid being the first generation

of a cross, defined by the breeder, between either an

inbred line or a simple hybrid and an open-pollinated

variety;

(g) the inter-varietal hybrid which refers to

the first generation of a cross, defined by the breeder,

between plants grown from basic seed of two open-

pollinated varieties, defined by the breeder.

(3) The following definitions shall apply in respect of

fodder plants

“basic seed of bred varieties” refers to seed which -

(a) has been produced under the responsibility

of the breeder according to accepted practices for the

maintenance of the variety;

(b)

is intended for the production of certified

seed;

(c) subject to the provisions of regulation 16,

satisfies the conditions laid down in Schedules II and III

for basic seed; and

(d) has been found by official examination or,

in the case of the conditions laid down in Schedule III,

either by official examination or by examination carried

out under official supervision, to satisfy the conditions

set out in paragraphs (a), (b) and (c);

“basic seed of local varieties” refers to seed that -

(a) has been produced under official control

from material officially accepted as being of the local

variety on one or more holdings situated within a clearly

demarcated region of origin;

(b)

is intended for the production of certified

seed;

(c) subject to the provisions of regulation 14,

satisfies the conditions laid down in Schedules II and III

for basic seed; and

(d) has been found by official examination or,

in the case of the conditions laid down in Schedule III,

either by official examination or by examination carried

out under official supervision, to satisfy the conditions

set out in paragraphs (a), (b) and (c);

“certified seed of all the species listed in Tables 1.2 and

1.3 of Schedule I other than Medicago sativa, Pisum sativum,

Vicia faba and Vicia sativa” refers to seed which -

(a) has been produced directly from basic seed,

or if the breeder so requests, from seed of a generation

prior to basic seed which has been found, by official

examination, to satisfy the conditions laid in Schedules

II and III for basic seed;

(b) is intended for purposes other than the

production of seed;

(c) subject to the provisions of regulation 14,

satisfies the conditions laid down in Schedules II and III

for certified seed; and

(d) has been found by official examination or by

examination carried out under official supervision to

satisfy the conditions set out in paragraphs (a), (b) and

(c);

“certified seed of the first generation of Medicago sativa,

Pisum sativum, Vicia faba and Vicia sativa” means seed

which -

(a) has been produced directly from basic seed,

or if the breeder so requests, from seed of a generation

prior to basic seed which has been found by official

examination to satisfy conditions laid in Schedules II

and III for basic seed;

(b) is intended either for the production of

certified seed of the second generation or for purposes

other than the production of fodder plant seeds;

(c) subject to the provisions of regulation 14,

satisfies the conditions laid down in Schedules II and III

for certified seed; and

(d) has been found by official examination or by

examination carried out under official supervision, to

satisfy the conditions set out in paragraphs (a), (b) and

(c);

“certified seed of the second generation of Medicago

sativa, Pisum sativum, Vicia faba and Vicia sativa” refers to

seed which -

(a) has been produced directly from basic seed,

from certified seed of the first generation or, if the

breeder so requests, from seed of a generation prior

to basic seed which can satisfy and has been found

by official examination to satisfy conditions laid in

Schedules II and III for basic seed;

(b) is intended for purposes other than the

production of seeds of fodder plants;

(c) subject to the provisions of regulation 14

regarding seed as grown, satisfies the conditions laid

down in Schedules II and III for certified seed; and

(d) has been found by official examination or by

examination carried out under official supervision, to

satisfy the conditions set out in paragraphs (a), (b) and

(c);

“commercial seed” refers to seed which

(a)

is identifiable as belonging to a species;

(b) subject to the provisions of regulation 14,

satisfies the conditions laid down in Schedule III for

commercial seed; and

(c) has been found by official examination or by

examination carried out under official supervision, to

satisfy the conditions set out in paragraph (a) and (b).

(4) The following definitions shall apply in respect of

potatoes

“basic seed potatoes” refers to potato tubers which -

(a) have been produced according to accepted

practices for the maintenance of the variety and of

health;

(b) are intended mainly for the production of

certified seed potatoes;

(c) satisfy the minimum conditions laid down in

Schedules II and III for basic seed potatoes; and

(d) have been found by official examination, to

satisfy the minimum conditions mentioned above;

“certified seed potatoes” means potato tubers that -

(a) are of direct descent from basic seed, certified

seed or from seed of a generation prior to basic seed

which have been found by official examination, to

satisfy the conditions laid down in Schedules II and III

for basic seed;

(b) are intended mainly for the production of

potatoes other than seed potatoes;

(c) satisfy the minimum conditions laid down in

Schedules II and III for certified seed potatoes; and

(d) have been found by official examination, to

satisfy the above minimum conditions;

“pre-basic seed potatoes” refers to potato tubers which

(a) have been produced in accordance with

accepted practices for the maintenance of the variety and

of health;

(b) are intended mainly for the production of

basic seed;

(c) satisfy the minimum conditions for pre-basic

seed; and

(d) have been found by official examination, to

satisfy the minimum conditions referred to in paragraph

(c) of this definition.

(5) The following definitions shall apply in respect of

vegetables

“basic seed” refers to seed which -

(a) has been produced under the responsibility

of the breeder according to accepted practices for the

maintenance of the variety;

(b)

is intended for the production of certified

seed;

(c) subject to the provisions of regulation 14,

satisfies the conditions laid down in Schedules II and III

for basic seed; and

(d) has been found by official examination or,

in the case of the conditions laid down in Schedule III,

either by official examination or examination carried out

under official supervision to satisfy the conditions set

out in paragraphs (a), (b) and (c);

“certified seed” means seed that -

(a) is produced directly from basic seed or, if

the breeder so requests, from pre-basic seed, which can

satisfy and has been found by official examination, to

satisfy the conditions laid down in Schedules II and III

for basic seed;

(b) is intended mainly for the production of

vegetables;

(c) subject to the provisions of regulation 14,

satisfies the conditions in Schedules II and III for

certified seed;

(d) has been found by official examination or by

examination carried out under official supervision to

satisfy the conditions set out in paragraphs (a), (b) and

(c); and

(e) is subject to official post-control examination

by check inspection to verify its varietal identity and

varietal purity;

“standard seed” means seed of vegetables which -

(a)

has sufficient varietal identity and varietal

purity;

(b) is intended mainly for the production of

vegetables;

(c)

satisfies the conditions laid down in Schedule

III; and

(d) is subject to official post-control by check

inspection to verify its varietal identity and varietal

purity.

Any person or entity introducing or importing in Malta

seeds from a foreign country shall notify the Department in

accordance with the Trading Regulations, 2004.

For cereals, fodder plants, potatoes and vegetables, only

varieties officially accepted by the Department may be marketed.

National catalogues of such varieties shall be established and such

catalogues may be consulted by any person.

(1) A variety of seeds of agricultural plants and

vegetables cannot be certified and marketed unless it officially

accepted according to the following provisions of this regulation.

One or more catalogues of all varieties that are officially accepted

for certification, verification as standard seed (in the case of

vegetable seeds) and marketing in Malta, must be established. In

the case of vegetables, the catalogues shall be subdivided according

to the varieties

(a) whose seed may be certified as either basic seed or

certified seed, or may be verified as standard seed; or

(b)

whose seed may not be verified except as standard

seed.

(2) (a) A variety is accepted only if it is distinct,

stable and sufficiently uniform. In the case of a genetically-

modified variety, the deliberate release into the environment

of the variety shall be accepted only if all appropriate measures

have been taken to avoid adverse effects on human health and

the environment. In the case of agricultural plants and industrial

chicory (vegetable), the variety must be of satisfactory value for

cultivation and use.

(b) A variety shall be regarded as distinct if,

whatever the origin (artificial or natural) of the initial variation

from which it has resulted, is clearly distinguishable in one or

more important characteristics from any other variety known in

the European Union. The characteristics must lead to a precise

recognition and precise definition. A variety known in the European

Union shall be any one which, at the time when the application for

its acceptance to be assessed is duly made, is either listed in the

Common Catalogue of varieties of agricultural plant species or

the Common Catalogue of vegetable species, or if not listed in the

Common Catalogues, has been accepted or has been submitted for

acceptance in Malta, either for certification and marketing, or for

certification for other countries, or for verification as standard seed

in the case of vegetables, unless the afore mentioned conditions

are no longer fulfilled in all the Member States concerned before

the decision on the application for acceptance of the variety to be

assessed, is taken.

(c) A variety shall be regarded as stable if,

after successive propagation or multiplications or at the end of

each cycle (where the breeder has defined a particular cycle of

propagation or multiplications), it remains true to the description of

its essential characteristics.

(d) A variety shall be regarded as sufficiently

uniform if, apart from a very few aberrations, the plants of which

it is composed are, taking into account the distinctive features

of the reproductive systems of the plants, similar or genetically

identical as regards the characteristics taken as a whole, which are

considered for this purpose.

(3) (a) Examination of the value for cultivation and

use referred to in sub-regulation (2) (a) of this regulation shall not

be required for the acceptance of

(i) varieties of grasses if the breeder declares that

the seeds of his variety are not intended for the production

of fodder plants. It may be decided to the extent that this is

justified in the interest of free circulation of seed that varieties

have to be shown by appropriate examination to be suitable

for the purpose for which they are declared to be intended

to be used. In such cases, the conditions for the examination

shall be determined;

(ii) varieties whose seeds are to be marketed in another

Member State which has already accepted the varieties, taking

into consideration their value for cultivation and use.

(iii) for the acceptance of varieties (inbred lines and

hybrids) which are intended solely as components for hybrid

varieties satisfying the requirements laid down in sub-

regulation (2)(a);

Provided that where material derived from a plant

variety is intended to be used as a food or food ingredient

falling within the scope of Regulation (EC) No. 258/97,

these must not present a danger for the consumer, mislead the

consumer and differ from foods or food ingredients which

they are intended to replace to such an extent that their normal

consumption would be nutritionally disadvantageous for the

consumer.

(b) The value of a variety of agricultural plants for

cultivation or use shall be regarded as satisfactory if, compared

to other varieties accepted in the national catalogue, its qualities,

taken as a whole, offer, at least as far as production in any given

region is concerned, a clear improvement either for cultivation or

as regards the uses which can be made of the crops or the products

derived therefrom. Where other superior characteristics are present,

individual inferior characteristics may be disregarded.

(4) The acceptance of varieties shall be based on

the results of official examinations, particularly growing trials,

covering a sufficient number of characteristics for the variety to be

described. The methods used for determining characteristics must

be accurate and reliable. It shall be ensured that varieties coming

from other Member States are subject to the same requirements, in

particular as regards the acceptance procedure, as those that apply

to local varieties.

(5) (a) In order to establish distinctness, the growing

trials shall include at least the available comparable varieties which

are known in the European Union within the meaning of sub-

regulation (2)(a) hereof;

(b) For the purpose of applying sub-regulation

(6) of this regulation, other available comparable varieties shall

be included. In the case of vegetable varieties whose seed may

not be verified except as standard seed, the results of unofficial

examinations and knowledge gained from practical experience

during cultivation may be taken into consideration in relation to

the results of an official examination;

(c) It may be prescribed that, as from dates

established according to rules of the European Union, varieties of

certain vegetable species will no longer be accepted except on the

basis of official tests. Current scientific and technical knowledge

on the following matters shall be taken into account

(i) the characteristics to be covered as a minimum by

the examinations of the various species;

(ii) the minimum requirements for carrying out the

examinations;

(iii) the necessary arrangements for the growing

trials to be carried out with a view to assessing the value for

cultivation or use in the case of agricultural plants.

(6) (a) Official publication of the national catalogues

of varieties accepted in Malta, shall be arranged and, where

maintenance breeding of the variety is required, the name of the

person or persons responsible for this in Malta, should be noted.

When several persons are responsible for the maintenance of a

variety, the names need not be published. Instead, the catalogue

shall indicate the authority holding the list of names of persons

responsible for the maintenance of the variety. At the time of

acceptance, the variety shall be known by the same name in all the

Member States. If it is known that seed or propagation material

of a variety is marketed in another country under a different

name, that name shall also be indicated in the catalogue. For each

new variety accepted in Malta, the other Member States and the

European Commission have to receive a brief description of the

most important character for use.

(7) (a) A special file on each accepted variety,

containing a description of the variety and a clear summary of all

the facts on which acceptance was based, shall be compiled. The

varietal descriptions shall apply for plants produced directly from

(i) seeds and young plants of the category certified

seed and propagation material, in the case of agricultural

plants; and

(ii) certified seed or from standard seed, in the case of

vegetables;

(b)

acceptance files shall be made available for

the personal and exclusive use of any person including those of

other Member States and the European Commission who are

able to show a legitimate interest. Information that is treated

as confidential such as results of examination studies of the

genealogical components of hybrids and synthetic varieties shall

not be exchanged apart from exceptional cases;

(c) if and when genetically-modified varieties are

accepted, they should be clearly indicated as such in the catalogue

of varieties. It shall be ensured that any person marketing such a

variety clearly indicates in his sales catalogue that the variety is

genetically-modified;

(d) in the case of varieties (inbred lines, hybrids)

of agricultural plants that are intended solely as components

for final varieties, the provisions of paragraph (7) apply only to

the extent that the seeds that belong to them are to be marketed

under their names. In the meantime, in the case of cereals other

than maize, these provisions may be applied to other component

varieties in respect of seed intended for certification in Malta.

Component varieties shall be indicated as such.

(8) (a) Acceptance of a variety shall be valid until

the end of the tenth calendar year following acceptance. It may be

renewed at given intervals if it still cultivated on such a scale as

to justify this, or should be retained in the interest of conserving

plant genetic resources, and providing that the requirements as to

distinctness, uniformity and stability, are still satisfied.

(b) For both agricultural plants and vegetables,

applications for renewal shall be submitted not later than two years

before the expiry of acceptance except for plant genetic resources.

The period of validity of acceptance shall be extended provisionally

until a decision is taken on the application for renewal.

(c) Accepted varieties must be maintained

according to accepted practices for the maintenance of the variety.

It must at all times be possible to check maintenance from the

records kept by the person or persons responsible for the variety.

These records shall also cover the production of all generations

prior to basic seed (of agricultural plants and vegetables) or

propagation material (of agricultural plants). Samples may be

requested from the person responsible for the variety. Such samples

may if necessary be taken officially.

(d) Where maintenance takes place in another

Member State, Malta and the other country shall assist each other

administratively as regards verification.

(9) (a) Any doubts which arise after the acceptance

of a variety concerning the appraisal of its distinctness or of its

name at the time of acceptance are clarified.

(b) Where, after acceptance of a variety, it is

established that the condition concerning distinctness within the

meaning of sub-regulation (2) of this regulation was not fulfilled

at the time of acceptance, acceptance shall be replaced by another

decision or, where appropriate, a revocation, which conforms with

these regulations. By this other decision, the variety shall, with

effect from the date of its initial acceptance, no longer be regarded

as a variety known in the European Union within the meaning of

sub-regulation (2) (b). Where, after acceptance of a variety, it is

established that its name was not acceptable when the variety was

accepted, the name shall be adapted in such a way that it conforms

with these regulations. It may be permitted that the previous name

may be used temporarily as an additional name. The detailed

arrangements in accordance with which the previous name may

be used as an additional name shall be established according to the

rules of the European Union.

(10) (a) Acceptance of a variety is surely revoked

if it is proved, on examination, that the variety is no longer

distinct, stable or sufficiently uniform or, if the person or persons

responsible for the variety so request, unless maintenance of the

variety is assured.

(b) Acceptance of a variety may be revoked

if the laws, regulations and administrative provisions adopted

in this regulation are not complied with and, if, at the time of

the application for acceptance or during examination, false or

fraudulent particulars were supplied concerning the facts on the

basis of which acceptance was granted.

(c) Where acceptance is refused or revoked,

the results of the examinations shall be made available to persons

affected by such a decision. It shall be ensured that a variety is

deleted from the catalogues if its acceptance has been revoked or if

the period of validity of acceptance has expired.

(11) A period of certification, verification as standard

seed (of vegetables) and marketing of seed (of agricultural plants

and vegetables) and propagation material (of agricultural plants),

may be allowed up to the 30th June of the third year at most after

expiry of the acceptance.

(12) Any application or withdrawal of an application

for acceptance of a variety, any entry in the catalogues of varieties

as well as any amendments thereto shall be notified forthwith to

the other Member States and the European Commission.

(1) Seed of the categories indicated below, may not be Seed certification.

placed on the market unless it has been officially certified as such

and unless it satisfies the conditions laid down in Schedule III

(a) In the case of agricultural plants -

(i) cereals – basic or certified seed,

(ii) fodder plants – as referred to in sub-regulation (2),

(iii) potatoes – basic or certified seed, and

(b)

In the case of vegetables -

(i) other than in the case of industrial chicory –

basic, certified or standard seed,

(ii) industrial chicory – basic or certified seed.

(2) Seed of red top, brown top, creeping bent grass,

velvet bent, sheep’s fescue, Berseem/Egyptian clover, smooth-stalk

meadowgrass, field bean and common vetch shall not be placed on

the market unless it has been officially certified as basic or certified

seed. Fodder plant seed of the genera and species other than

those mentioned above may not be placed on the market unless

the seed has been officially certified as basic or certified seed or is

commercial seed.

(3) Basic and certified seed potatoes may be

subdivided into grades satisfying different requirements.

When examination of seeds of cereals, fodder plants and

vegetables is carried out under official supervision, the following

requirements shall be complied

(1) with respect to field inspections -

(a) The inspectors shall

(i)

have the necessary technical qualifications;

(ii) derive no private gain in connection with the

carrying out of the inspections;

(iii) have been officially licensed by the Seed

Certification Authority and this licensing shall include

either the oath of inspectors or the signature by

inspectors of a written statement of commitment to the

rules governing official examinations;

(iv) carry out inspections under official

supervision in accordance with the rules applicable to

official inspections.

(b) The seed crop that is going to be inspected shall be

grown from seed which has undergone official post-control,

the results of which have been satisfactory.

(c) A proportion of seed crops shall be checked by

official inspectors. That proportion shall be at least 5%.

(d) A proportion of samples from the seed lots

harvested from the seed crops shall be drawn for official post-

control and, where appropriate, for official laboratory seed

testing in respect of varietal identity and purity.

(e) Infringements of the rules governing examination

under official supervision will be regulated under articles

29 and 30 of the Act. The penalties must be effective,

proportionate and dissuasive. The licence of officially licensed

inspectors as referred to in sub-paragraph (a)(iii) hereof who

are found guilty of deliberately or negligently contravening

the rules governing official examinations, shall be withdrawn.

Any certification of seed that has been examined shall be

annulled in the event of such contravention unless it has been

shown that such seed still meets all relevant requirements.

(2) with respect to seed testing -

(a) Seed testing shall be carried out by seed-testing

laboratories which have been authorised for that purpose by

the Seed Certification Authority under the conditions set out

in sub-paragraphs (b) to (d).

(b) The seed-testing laboratory shall have a seed

analyst-in-charge who has direct responsibility for the

technical operations of the laboratory and has the necessary

qualifications for the technical management of a seed-

testing laboratory. Its seed analysts shall have the necessary

technical qualifications obtained through training courses

organised under conditions applicable to official seed analysts

and confirmed by official examinations. The laboratory

shall be maintained in premises and with equipment

officially considered by the Seed Certification Authority to

be satisfactory for the purpose of seed testing, within the

scope of the authorisation. It shall carry out seed testing in

accordance with current international methods.

(c) The seed-testing laboratory shall be either an

independent laboratory or a laboratory belonging to a seed

company. In case of the latter, the laboratory may carry out

seed testing only on seed lots produced on behalf of the seed

company to which it belongs, unless it has been otherwise

agreed between that company, the applicant for certification

and the Seed Certification Authority.

(d) The seed-testing laboratory’s performance of seed

testing shall be subject to appropriate supervision by the Seed

Certification Authority.

(e) For the purposes of the supervision referred to

in (d), a proportion of the seed lots submitted for official

certification shall be check-tested by official seed testing.

That proportion shall in principle be as evenly spread as

possible over natural and legal persons submitting seed for

certification and the species submitted but may also be

oriented to eliminate specific doubts. That proportion shall be

at least 5%.

(f) Infringements of the rules governing examination

under official supervision will be regulated under articles

29 and 30 of the Act. The penalties must be effective,

proportionate and dissuasive. The authorisation of officially

authorised seed-testing laboratories as referred to in sub-

paragraph (a) hereof who are found guilty of deliberately

or negligently contravening the rules governing official

examinations, shall be withdrawn. Any certification of seed

that has been examined shall be annulled in the event of such

contravention unless it has been shown that such seed still

meets all relevant requirements.

Official seed examinations should be carried out in

accordance with current international methods, in so far as such

methods exist.

(1) Samples must be drawn officially or under official

supervision in accordance with appropriate methods. This applies

to the following

(a) checking of varieties (cereals and fodder plants)

and inbred lines of maize (cereals);

(b) examination of seed for certification (cereals,

fodder plants, potatoes and vegetables); and

(c) post-control tests of standard seed (vegetables).

(2) Without prejudice to the free movement of seed

within the European Union, the Department shall take all the

necessary measures to ensure that that it is supplied with the

following particulars during the marketing of quantities exceeding

two kilograms of seed imported from third countries and sampling

of such seed is carried out officially

(a) species;

(b) variety;

(c) category;

(d) country of production and official inspection

authority;

(e) country of dispatch;

(f) importer; and

(g) quantity of seed.

The manner in which these particulars are to be

presented may be determined by the Department.

(3) When the seed sampling under official supervision

provided for in sub-regulation (1) is carried out, the following

requirements shall be complied with

(a) seed sampling shall be carried out by seed samplers

who have been authorised for that purpose by the Seed

Certification Authority under the conditions set out in (b), (c)

and (d);

(b) seed samplers shall have the necessary technical

qualifications obtained through training courses organised

under conditions applicable to official seed samplers and

confirmed by official examinations. They shall carry out seed

sampling in accordance with current international methods;

(c)

seed samplers shall be

(i) independent natural persons;

(ii) persons employed by natural or legal persons

whose activities do not involve seed production, seed

growing, seed processing or seed trade; or

(iii) persons employed by natural or legal persons

whose activities involve seed production, seed growing,

seed processing or seed trade.

In the case referred to in paragraph (iii), a seed sampler

may carry out seed sampling only on seed lots produced on

behalf of his employer, unless it has been otherwise agreed

between his employer, the applicant for certification and the

Seed Certification Authority;

(d) the performance of the seed samplers shall be

subject to proper supervision by the Seed Certification

Authority. When automatic sampling is in operation,

appropriate procedures must be adhered to and officially

supervised;

(e) for the purposes of the supervision referred to in

paragraph (d), a proportion of the seed lots entered for official

certification shall be check-sampled by official seed samplers.

That proportion shall in principle be as evenly spread as

possible over natural and legal persons submitting seed for

certification (cereals, fodder plants and vegetables) and the

species submitted (cereals and fodder plants) but may also

be oriented to eliminate specific doubts. That proportion

shall be at least 5%. This check sampling does not apply to

automatic sampling. The seed samples drawn officially shall

be compared with those of the same seed lot but drawn under

official supervision;

(f) infringements of the rules governing examination

under official supervision will be regulated under articles

29 and 30 of the Act. The penalties must be effective,

proportionate and dissuasive. The authorisation of officially

authorised seed samplers as referred to in sub-paragraph (2)

(a) hereof who are found guilty of deliberately or negligently

contravening the rules governing official examinations, shall

be withdrawn. Any certification of the seed sampled shall be

annulled in the event of such contravention unless it has been

shown that such seed still meets all relevant requirements;

(g) further measures applicable to the carrying out of

seed sampling under official supervision shall be established

by the Department.

(4) For the examination of seed for certification,

examination of commercial seed and post-control tests, samples

shall be drawn from homogeneous lots. The maximum weight of a

lot and the minimum weight of a sample are given in Schedule IV

to these regulations.

(1) If it is repeatedly found, during post-control tests

carried out in the field, that vegetable seed of any one variety

does not adequately satisfy the conditions laid down in respect of

varietal identity and purity, the Department shall ensure that the

person marketing it, is wholly or partially forbidden to market such

seed where appropriate, for a specified period. Any measures taken

shall be withdrawn as soon as it has been established with adequate

certainty, that the seed intended for marketing will in the future

satisfy the conditions as to varietal identity and varietal purity.

(2) Seed of the categories certified seed and standard

seed is subject to official post-control in the field by inspection to

compare their varietal identity and purity against standard controls.

(1) Packages or containers containing basic and Packaging of seeds.

certified seed of cereals, fodder plants, potatoes and vegetables,

and commercial seed of fodder plants, except small packages of

basic and certified vegetable seeds and, in the case of fodder plants

small EC B packages of certified and commercial seed, shall be

sealed officially or under official supervision in such a manner

that they cannot be opened without damaging the sealing system

or leaving evidence of tampering on either the official label or on

the package. In order to ensure closure, the sealing system shall

comprise at least either the official label or the affixing of an

official seal. This measure will not be necessary if a non-reusable

sealing system is used. The Department may establish exceptions to

this sub-regulation as it may deem fit in the case of small packages

sealed in Malta of cereal and potato seeds and EC B packages of

fodder plant seeds. In the case of vegetable seeds, there may be

determined exceptions to this sub-regulation and sub-regulation (2)

for small packages of basic vegetable seed.

(2) Packages containing seeds of agricultural plants

and vegetables, except small EC B packages of fodder plant seeds,

shall not be resealed on one or more occasions unless this is carried

out officially or under official supervision. If packages are re-

sealed, the fact of resealing and the most recent date of re-sealing

and the authority responsible for resealing, shall be stated on the

label required under regulation 13.

(3) Packages of standard vegetable seed, small

packages of certified vegetable seed and small EC B packages of

fodder plant seeds, shall be sealed (not necessarily officially or

under official supervision) in such a manner that they cannot be

opened without damaging the sealing system or without leaving

evidence of tampering on the label or the package. Packages of

standard vegetable seed shall also bear a lead or an equivalent

sealing device attached by the person responsible for attaching

labels.

(4) In the case of small packages of certified seed

of fodder plants and vegetables, packages shall not be sealed on

one or more occasions under official supervision. All necessary

measures shall be taken to ensure that in the case of small packages

of certified vegetable seed and small packages of fodder plant

seeds, the identity of the seed can be verified in particular at the

time when seed lots are divided. At this stage, it may be required

that small packages divided or produced in Malta, be sealed

officially or under official supervision.

(1) The packages of all seed categories referred to

in regulation 7 hereof, excluding standard vegetable seed, small

packages of basic and certified vegetable seed and small EC B

packages of certified and commercial seed of fodder plants, shall

have affixed on the outside, an official label that has not been

previously used, and as appropriate to the seed, with the particulars

as specified in Schedule V hereof, in Maltese or in English. The

information should be printed indelibly on the label. Delible

printing is not authorised. The dimensions and colour of the

label are specified in the same Schedule. The labels on packages

containing vegetable seeds may be placed inside transparent

packages provided it can be read. The labels must be adhesive and

made from tear-resistant material. When a label with a string-hole

is used, its attachment to the package shall be ensured in all cases

with an official seal. The use of official adhesive labels shall be

authorised. The indelible printing of the prescribed particulars on

the package in accordance with the label models may be authorised

under official supervision. If in cases under regulation 14, the seed

of the categories listed below does not satisfy the conditions laid

down in Schedule III in respect of germination, this fact shall be

stated on the label

(a) for agricultural plants -

cereals – basic or maize seed;

fodder plants – basic and certified seed; and

(b) for vegetables – basic seed.

The Department may establish exceptions to the

provisions of sub-regulation (1) hereof in the case of small

packages of cereals, potatoes and vegetables sealed in Malta.

(2) When a non-adhesive label is used, the package

shall contain an official document in the same colour as the official

label giving at least the information mentioned below.

(a)

for agricultural plants -

(i)

cereals (basic and certified seed) -

- reference number of lot,

- species and variety.

(ii) Fodder plants (basic, certified and commercial

seed except small EC B packages of certified and

commercial seed) -

- reference number of lot,

- species and variety,

In the case of commercial seed, reference number of lot,

species and the words “Commercial seed” should be written

down.

(iii) Potatoes (basic and certified seed)

- producer ’s identification number or

reference number of lot,

- month and year of sealing,

- country of production.

(b) Vegetables (basic and certified seed except small

packages)

- reference number of lot,

- species and variety,

- category.

This document shall be drawn up in such a manner

that it cannot be confused with the official label referred to

under sub-regulation (1). This document is not necessary if

the information is printed indelibly on the package or if, in

accordance with the provisions under sub-regulation (1), an

adhesive label, a label of tear-resistant material or a label

inside a transparent package, is used. Packages should also

include the producer’s identification particulars.

(3) (a) In cases other than those provided for in these

regulations, packages or containers of basic and certified seed of

agricultural plants and vegetables, commercial seed of fodder plants

and standard vegetable seed shall bear a supplier’s label which may

be either a label separate from the official label or take the form of

the supplier’s information as stated in Schedule V printed on the

package or container itself. In the case of cereals, seed lots have to

comply with the provisions referred to in regulation 27 concerning

the presence of Avena fatua and an official certificate attesting

compliance with these conditions has to be issued.

(b) Small EC B packages of fodder plant seeds,

packages of standard vegetable seed and small packets of certified

vegetable seed shall bear on the outside a supplier’s label or a

printed or stamped notice in Maltese or English, except for small

packages of standard seed in which case the information stated

under this provision shall be clearly separate from any information

given on the label or the package. In the case of transparent

packages, this label may be placed inside, provided it can be read

through the package.

(c) In the case of small EC B packages of fodder

plant seeds, the packages can also bear an officially assigned serial

number on the outside or on the supplier’s label. Should an official,

adhesive label be used, the particulars to be written on the label are

indicated in Schedule V. This serial number shall not be required

for small EC A packages of fodder plant seeds.

(4) It shall be ensured that persons responsible for

affixing the labels on packages containing standard vegetable seed

intended for marketing

(a) inform the authorities of the dates when their

activities begin and end;

(b) keep records of all lots of standard seed and make

them available to the country for not less than three years;

(c) make available for not less than two years, a

control sample of seed of varieties for which maintenance is

required; and

(d) draw samples from each lot intended for marketing

and make them available for not less than two years.

The operations referred to in sub-regulations (2) and (4)

shall be subject to official checks carried out on a random basis.

The obligation stated in sub-regulation (3) shall apply only to

producers.

(1) For the purpose of making seed of cereals,

fodder plants and vegetables rapidly available, not withstanding

the fact that the official examination to check compliance with the

conditions laid down in Schedule III in respect of germination has

not been concluded, the official certification or approval (the latter

applying for fodder plants only) and marketing as far as the first

purchaser by way of trade of the categories basic seed or certified

seed of cereals, fodder plants and vegetables or commercial seed in

the case of fodder plants, may be authorised.

(2) Certification or approval shall be granted only

on prescription of a provisional analytical report on the seeds

and provided that the name and address of the first recipient are

given. All necessary measures shall be taken to ensure that the

supplier guarantees the germination ascertained at the provisional

analysis. This germination shall be stated for marketing purposes

on a special label bearing the name and address of the supplier and

reference number of the lot. The above provisions shall not apply

to seeds imported from third countries.

(1) Seeds of the categories indicated in regulation 7 Marketing of seeds.

shall be marketed in sufficiently homogeneous lots and in sealed

packages or containers with appropriate labelling as described in

regulation 13. The packages must be new and the containers must

be clean.

(2) Seed as grown of cereals, fodder plants and

vegetables may be marketed for processing, provided that the

identity of the seed is ensured.

(3) Bred seed of generations prior to basic seed

of agricultural plants and vegetables, may also be placed on the

market. The conditions under which bred seed of generations prior

to basic seed may be placed on the market, shall be as follows

(a) it shall have been officially inspected by the Seed

Certification Authority in accordance with the provisions

applicable to the certification of basic seed;

(b) it shall be packed in packages or containers as

described in these regulations; and

(c) the packages shall bear an official label giving the

particulars as shown in Schedule V for pre-basic seed.

(1) Mixtures of seeds of various species of cereals can

be marketed, provided that the components of which complied,

before mixing, with the marketing rules applicable to them.

Specific cereal mixtures of seeds of various varieties but belonging

to the same species can be marketed, provided that scientific or

technical knowledge indicates that these mixtures are such as to

be particularly effective against the propagation of certain harmful

organisms and provided also that the components of the mixtures

comply, before mixing, with the marketing rules applicable to

them.

(2) Producers may be authorised to place on the market

small packages of mixtures of standard vegetable seed of different

varieties of the same species. In cases when this provision applies,

the species, the rules for the maximum size of the small packages

and the requirements for labelling shall be established.

(3) Mixtures of various genera, species or varieties of

fodder plants may be placed on the market if they are intended for

use

(a) not as fodder plants, in which case the mixtures

may contain seeds of fodder plants listed in Tables 1.2 and 1.3

of Schedule I and so covered by these regulations;

(b) as fodder plants, in which case the mixture may

contain seeds of plant species listed in Tables 1.1, 1.2, 1.3 or

1.5 of Schedule I, with the exception of varieties of grasses

listed in Table 1.2 of the same Schedule which are not

intended for the production as fodder plants; or

(c) in the preservation of the natural environment in

the context of the conservation of genetic resources in which

case the mixtures may contain seeds of fodder plant species

and seeds of other plant species within the meaning of these

regulations.

Regulations 12, 13, 15 (1) and (4) and 18 shall apply for

the above seed mixtures. For this purpose, small EC A packages of

fodder plant seeds shall be considered as small EC B packages.

In the case of seeds of a variety that have been

genetically-modified, any label or document, official or otherwise,

which is affixed to or accompanies the seed lot, shall clearly

indicate that the variety has been genetically-modified.

(1) If any seeds of the categories mentioned in Chemically-treated

regulation 7, have been subjected to any chemical treatment, this seeds.

fact and the nature of the treatment or the proprietary name of the

chemical substance used in the treatment, shall be stated either on

the official or supplier’s label, or on the package or container, or in

a statement enclosed in the package or container.

(2) In the case of small packages of vegetables, this

information may be printed directly on the package or inside it.

The Director may authorise local producers or breeders

to place on the market small but appropriate quantities of seeds

for scientific purposes or selection work and, for other test or trial

purposes, provided that the seeds belong to varieties for which an

application for entry in the national catalogues has been submitted

and, in the case of vegetable seeds, specific technical information

has been submitted. In case of genetically-modified seeds, such

authorisation should be granted only if all appropriate measures

have been taken to avoid adverse effects on human health and the

environment in accordance with the 2002 Regulations.

(1) In order to remove any temporary difficulties, Less stringent

which cannot be overcome in the general supply of seed of requirements.

the categories mentioned in regulation 7, the Department may

be authorised to permit for a specified period , the marketing in

quantities necessary to resolve the supply difficulties of seed of

a category subject to less stringent requirements, or of seed of a

variety not included in the Common Catalogues of varieties

of agricultural plant and vegetable species or in the national

catalogues of varieties. For a category of seed of any given

variety, the official or supplier’s label shall be that provided for the

corresponding category. For seeds of varieties not included in the

above mentioned catalogues, the colour of the official label shall

be brown. The label shall always state that the seed in question, is

of a category satisfying less stringent requirements.

(2) The Department may authorise the official

certification and marketing of basic seed of cereals, fodder plants

and vegetables except seed potatoes, which does not satisfy the

conditions laid down in Schedule III in respect of germination. A

similar authorisation may be granted in respect of certified seed of

red clover where such seed is intended for the further production of

other certified seed. In such cases, all necessary measures shall be

taken to ensure that the supplier guarantees a specific germination

that he shall state for marketing purposes on a special label bearing

his name and address and the reference number of seed lot.

(1) The Department may as regards the conditions laid

down in Schedules II and III, impose additional or more stringent

requirements for the certification of seeds of agricultural plants

and vegetables produced in Malta and also for the examination of

commercial seed of fodder plants produced in Malta.

(2) The certification of seeds of the following species

may be restricted to certified seed of the first generation

(i) cereals – oats, barley and wheat,

(ii) fodder plants – field pea, field bean and lucerne.

Seeds placed on the market under the provisions of the

European Union legislation, whether mandatory or discretionary,

shall not be subject to any marketing restrictions as regards their

characteristics, examination requirements, marking and sealing,

other than those laid down in the directives.

(1) Seeds harvested in another country may upon

request be certified in Malta on the condition that the crop has been

inspected by the competent authorities in that country and have

been found to comply with the provisions of these regulations.

(2) Seeds of fodder plants and cereals harvested in a

third country shall, upon request, be officially certified if

(a) it has been produced directly from

(i) basic seed or certified seed (in the case of

cereals, seeds of the first generation are considered)

officially certified either in one or more Member States

or in a third country which has been granted equivalence

under regulation 24; or

(ii) the crossing of basic seed officially certified

in a Member State with basic seed officially certified in

a third country referred to in sub-paragraph (i);

(b)

it has undergone field inspection satisfying the

conditions laid down in an equivalence decision made under

regulation 24 for the relevant category;

(c) official examination has shown that the conditions

laid down in Annex III for the same category are satisfied.

Seeds harvested in a third country must afford the Equivalence.

same assurances as seeds harvested within the European Union

with respect to their characteristics and the arrangements for its

examination, for ensuring identity, for marking and for control. In

such case, the seeds shall be equivalent in these respects to seeds

harvested within the European Union and complying with the

provisions of these regulations.

For purposes of certification, the maximum moisture Moisture content of

content for basic and certified seed of cereals, except maize shall

be 13% by weight. That for maize shall be 14%. The Director may

alter the maximum moisture content as the need be.

Unless otherwise specified, seed of the hybrids listed in

Table 1.1 of Schedule I shall be subject to the standards or other

conditions applicable to seed of each of the species from which

they are derived.

The official certificate referred to in regulation 13(3)(a)

shall be issued in the following case

the crop shall be free from Avena fatua at the time of

field inspection officially carried out in conformity with

the provisions of Schedule II and if a sample of at least 1

kilogram is drawn in accordance with established procedures,

no seeds of Avena fatua should be found at the time of official

examination.

For seed potatoes produced by micropropagation Seed potatoes

techniques and which do not meet the size requirements of micropropagation.

these regulations, rules on the following may be determined in

accordance to the procedure referred to in Article 25(2) of Council

Directive 2002/56/EC

(a) derogation from specific provisions of these

regulations;

(b) the conditions and designations applicable to such

seed potatoes; and

(c) the designations applicable to such seed potatoes.

For plant health reasons, seed potatoes produced in

Malta may be separated during production from other potatoes.

This requirement may include measures for the separation of the

production of seed potatoes and other potatoes, and the separation

of the grading, storage, transportation and handling of seed potatoes

and other potatoes.

(1) Seed potatoes may not be marketed unless they

are of a minimum size such that they do not pass through a square

mesh of 25mm x 25mm. In the case of potato tubers which are

too large to pass through a square mesh of 35mm x 35mm, the

upper and lower size limits shall be expressed in multiples of 5.

The maximum variation in size between tubers in a lot shall be

such that the difference between the dimensions of the two square

meshes used does not exceed 25mm. These sizing standards may

be modified in accordance with the rules of the European Union. A

lot shall not contain more than 3% by weight of tubers smaller than

the minimum size indicated or, more than 3% by weight of tubers

larger than the maximum size indicated.

(2) The Department may, in respect of seed potatoes

produced in the Maltese territory, further reduce the permitted

variation in size between tubers in a lot.

Seed potatoes may not be placed on the market if they

have been treated with sprout inhibitors.

Seed potatoes that do not during marketing satisfy the

minimum conditions laid down in Schedule III, may be sorted.

The tubers that are not rejected shall then undergo a further official

examination.

The Department shall ensure that official inspections

and testing of seeds are carried out. These shall be performed in

relation to the marketing of seeds of cereals, fodder plants, potatoes

and vegetables, at least by random checks to verify compliance

with the requirements and conditions of these regulations.

Specific conditions may be established in the interest

of conserving plant genetic resources that take into account

developments in relation to the conservation in situ and the

sustainable use of plant genetic resources through growing and

marketing of seed of landraces and varieties which are naturally

adapted to the local and regional conditions and threatened by

genetic erosion. These conditions shall include in particular the

following

(a) landraces and varieties shall be accepted in

accordance with the provisions of these regulations. In the

case of agricultural plants, the procedure of official acceptance

shall take into account specific quality characteristics and

requirements. In particular, the results of unofficial tests

and knowledge gained from practical experience during

cultivation, reproduction and use and the detailed descriptions

of the varieties and their relevant denominations shall be taken

into account and, if sufficient, shall result in exemption from

the requirement of official examination. Upon acceptance of

a landrace or variety, it shall be indicated as a conservation

variety in the Common Catalogues

(b) appropriate quantitative restrictions.

The Seeds of Agricultural Plants and Vegetables

Regulations, 2006 and its amendments are hereby revoked.

2006. B

Schedule I

Regulation 2(2)

Lists of genera and species

The following tables list the genera and species to which these regulations apply

1. Agricultural plants

I. Cereals

Table 1.1

Latin Name

Common Name

Avena nuda L.

Small naked oat, Hulless oat

Avena sativa L.(includes A. byzantina K. Koch)

Oat and Red oat

Avena strigosa Schreb.

Black oat, Bristle oat

Hordeum vulgare L.

Barley

Phalaris canariensis L.

Canary grass

Secale cereale L.

Rye

Sorghum bicolor (L.) Moench

Sorghum

Sorghum sudanense (Piper) Stapf

Sudan grass

x Triticosecale Wittm. ex A. Camus

Hybrids resulting from the crossing of a

species of the genus Triticum and a

species of the genus Secale

Triticum aestivum L.

Wheat

Triticum durum Desf.

Durum wheat

Triticum spelta L.

Spelt wheat

Zea mays L. (partim) except Zea mays convar. microsperma

Maize (except popcorn and sweet corn)

Koern. and Zea mays convar. saccharata Koern.

Sorghum bicolor (L.) Moench x S. sudanense (Piper) Stapf

Hybrid resulting from the crossing of

Sorghum bicolor and Sorghum sudanense

II. Fodder Plants

Table 1.2

Latin Name

Common Name

Poaceae (Gramineae)

Agrostis canina L.

Velvet bent

Agrostis capillaris L. (ex tenuis)

Brown top

Agrostis gigantea Roth

Redtop

Agrostis stolonifera L.

Creeping bent

Cynodon dactylon (L.) Pers.

Bermuda grass

Festuca filiformis Pourr.

Fine leaved sheep’s fescue

Festuca ovina L.

Sheep’s fescue

Festuca pratensis Huds.

Meadow fescue

Festuca rubra L.

Red fescue

Festuca trachyphylla (Hack.) Krajina

Hard fescue

Italian ryegrass (incl. Westerworld ryegrass)

Lolium multiflorum Lam.

Lolium perenne L.

Perennial ryegrass

Poa pratensis L.

Smooth-stalk meadowgrass

Fabaceae (Leguminosae)

Galega orientalis Lam.

Fodder galega

Hedysarum coronarium L.

Sulla

Medicago sativa L.

Lucerne

B

Pisum sativum L. (partim)

Field pea

Trifolium alexandrinum L.

Berseem, Egyptian clover

Trifolium pratense L

Red clover

Vicia faba L. (partim)

Field bean

Vicia sativa L.

Common vetch

Other species of fodder plants

Table 1.3

Latin Name

Common Name

Brassica oleracea L. convar. acephala (DC) Alef. var. medullosa

Fodder kale

Thell. + var. varidis L.

III. Potatoes

Table 1.4

Latin Name

Common Name

Solanum tuberosum L.

Potato

B

2. Vegetables

Table 1.5

Latin Name

Common Name

Allium cepa L.

Onion

- Cepa Group

Echalion

Shallot

- Aggregatum Group

Allium fistulosum L.

Japanese bunching onion or Welsh

onion

Allium porrum L.

Leek

Allium sativum L.

Garlic

Allium schoenoprasum L.

Chives

Anthriscus cerefolium (L.) Hoffm.

Chervil

Apium graveolens L.

Celery

Celeriac

Asparagus officinalis L.

Asparagus

Beta vulgaris L.

Beetroot including Cheltenham beet

Spinach beet or Chard

Brassica oleracea L.

Curly kale

Cauliflower

Sprouting broccoli or Calabrese

Brussels sprouts

Savoy cabbage

White cabbage

Red cabbage

Kohlrabi

Brassica rapa L.

Chinese cabbage

Turnip

Capsicum annuum L.

Chilli or Pepper

Cichorium endivia L.

Curled-leaved endive

Plain-leaved endive

Cichorium intybus L.

Witloof chicory

Large-leaved chicory or Italian

chicory

Industrial chicory

Citrullus lanatus (Thunb.) Matsum. et Nakai

Watermelon

Cucumis melo L.

Melon

Cucumis sativus L.

Cucumber

Gherkin

Cucurbita maxima Duchesne

Gourd

Cucurbita pepo L.

Marrow or Courgette

Cynara cardunculus L.

Globe artichoke

Cardoon

Daucus carota L.

Carrot

Fodder carrot

Foeniculum vulgare Mill.

Fennel

Lactuca sativa L.

Lettuce

Lycopersicon esculentum Mill.

Tomato

Petroselinum crispum (Mill.) Nyman ex A. W. Hill

Parsley

Phaseolus coccineus L.

Runner bean

Phaseolus vulgaris L.

Dwarf French bean

Climbing French bean

Pisum sativum L. (partim)

Wrinkled pea

Round pea

Sugar pea

Raphanus sativus L.

Radish

Black radish

Rheum rhabarbarum L.

Rhubarb

B

Scorzonera hispanica L.

Scorzonera or Black salsify

Solanum melongena L.

Aubergine or Egg plant

Spinacia oleracea L.

Spinach

Valerianella locusta (L.) Laterr.

Corn salad or Lamb’s lettuce

Vicia faba L. (partim)

Broad bean

Zea mays L. (partim)

Sweet corn

Popcorn

B

Schedule II

Regulation 3(2)

Conditions to be satisfied by the crop

1. Agricultural plants

I. Cereals

Basic seed and certified seed of cereals and their hybrids

1. Varietal identity and varietal purity

The crop shall possess sufficient varietal identity and purity.

2. Crop health

Harmful organisms that reduce the usefulness of the seeds, in particular Ustilaginaceae, shall be

present at the lowest possible level.

3. Previous cropping

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 that are

volunteers from previous cropping.

4. Field and crop inspections

The satisfaction of all the standards or other conditions mentioned in this Schedule, 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

 for Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Phalaris canariensis,

Triticum aestivum, Triticum durum, Triticum spelta, x Triticosecale and Secale cereale: 1

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

- open-pollinated varieties

- inbred lines or hybrids

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 carried out to check the satisfaction of the

provisions laid down in point 3 mentioned previously in this Schedule.

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 Schedule, shall be determined in accordance with

appropriate methods.

A. Basic seed and certified seed

1. Varietal identity and varietal purity

B

As indicated in point 1 previously, the crop shall possess sufficient varietal identity and purity. In the

case of a crop of an inbred line, sufficient identity and purity as regards its characteristics, must be

present.

For the production of seed of hybrid varieties, the above mentioned provisions shall also apply to the

characteristics of the components, including male sterility or fertility restoration. In particular, crops

of Phalaris canariensis and Secale cereale excluding hybrids, Sorghum spp. and Zea mays shall

conform to the following standards or other conditions

Phalaris canariensis and Secale cereale other than hybrids

The number of plants of the crop species, which are recognizable as obviously not being true to the

variety shall not exceed

- one per 30m 2 for the production of basic seed, and

- one per 10m 2 for the production of certified seed.

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 hybrids, each component

0.1%

(iii) open-pollinated varieties

0.5%

(bb) for the production of certified seed

(i) components of hybrid varieties

- inbred lines

0.2%

- simple hybrid

0.2%

- open-pollinated variety

1.0%

(ii) open-pollinated varieties

1.0%

(b) The following standards or conditions shall be satisfied for the production of seed of hybrid

varieties

(aa) 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 the 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 are shedding pollen where, on 50mm 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.

Sorghum spp.

(a) The percentage by number of plants of a Sorghum spp. 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%

B

- at maturity

0.1%

(b) The following standards or other 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 which are recognisable as obviously not being true to the

variety shall not exceed

- one per 30m 2 for the production of basic seed, and

- one per 10m 2 for the production of certified seed.

2. Isolation distances

The crop shall conform to the following standards shown in Table 1.6 as regards the minimum

distances from neighbouring sources of pollen which may result in undesirable foreign pollination

and particularly in the case of Sorghum spp., from sources of Sorghum halepense

Table 1.6

Crop

Minimum distance

Phalaris canariensis, Secale cereale other than hybrids

- for the production of basic seed

300m

250m

- for the production of certified seed

300m

Sorghum spp.

x Triticosecale, self-pollinating varieties

- for the production of basic seed

50m

- for the production of certified seed

20m

200m

Zea mays

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

pollination.

B. Hybrids of Secale cereale

1. Varietal identity and varietal purity

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 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 30m 2 for the production of basic seed, and

- one per 10m 2 for the production of certified seed, this standard applies for 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%.

B

Where appropriate, certified seed shall be produced in mixed cultivation of a female male-sterile

component with a male component which restores male fertility.

2. Isolation distances

The crop shall conform to the following standards shown in Table 1.7, as regards the minimum

distances from neighbouring sources of pollen that may result in undesirable foreign pollination.

Table 1.7

Crop

Minimum distance

For the production of basic seed

- where the male sterility is used

1000m

- where male sterility is not used

600m

For the production of certified seed

500m

C. Crops to produce certified seed of hybrids of Avena nuda, Avena sativa, Avena strigosa,

Hordeum vulgare, Triticum aestivum, Triticum durum, Triticum spelta and self-pollinating x

Triticosecale

1. Varietal identity and varietal purity

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 standards or conditions

(i) the minimum varietal purity of each component shall be

- Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum, Triticum

durum, Triticum spelta shall be 99.7%;

- self-pollinating x Triticosecale shall be 99%.

(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 hybridity during field inspection need not be done.

2. Isolation distances

The minimum distance of the female component of the cereal crop shall be 25m away from any other

variety of the same species except from a crop of the male component. This will prevent undesirable

foreign pollination from occurring.

With the approval of the Department, this distance can be disregarded if there is sufficient protection

from any undesirable foreign pollination.

B

II. Fodder Plants

Basic seed, certified seed, certified seed of the first and second generations

1. Varietal identity and varietal purity

The crop shall have sufficient varietal identity and purity. In particular, crops other than those of the

species Pisum sativum, Vicia faba, Brassica oleracea convar. acephala or Poa pratensis 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 30m 2 for the production of basic seed, and

- one per 10m 2 for the production of certified seed.

In the case of Poa pratensis, the number of plants of the crop species which are recognisable as

obviously not being true to the variety shall not exceed

- one per 20m 2 for the production of basic seed, and

- four per 10m 2 for the production of certified seed.

However, in the case of varieties which are officially classified as apomictic uniclonal varieties under

agreed procedures, a number of plants recognisable as not being true to the variety, which does not

exceed six per 10m 2 , may be regarded as satisfying the before mentioned standards for the

production of certified seed.

Seeds of other plant species which are difficult to distinguish from the crop seeds in a laboratory test

shall be at a low level.

In particular, the number of plants of Lolium species other than the crop species shall not exceed

- one per 50m 2 for the production of basic seed, and

- one per 10m 2 for the production of certified seed.

2. Crop health

Harmful organisms that reduce the usefulness of the seed shall be present at the lowest possible level.

3. Previous cropping and contamination

The previous cropping of the field shall have not 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 that are

volunteers from previous cropping.

4. Field and crop inspections

The satisfaction of the standards or other conditions mentioned in this Schedule 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

 The cultural condition of the field and the stage of development and condition of the crop shall

permit an adequate examination; and

 There shall be at least one field inspection.

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 Schedule, shall be determined in accordance with

appropriate methods.

5. Isolation distances

The crop shall conform to the following standards shown in Table 1.8 overleaf as regards distances

from neighbouring sources of pollen which may result in undesirable foreign pollination.

B

Table 1.8

Crop

Minimum distance

Brassica spp.

- for the production of basic seed

400m

- for the production of certified seed

200m

Species or varieties other than Brassica spp.,Pisum sativum and

varieties of Poa pratensis referred to in the second part of the

third sentence of point 1 regarding varietal identity and purity

- for the production of seed intended for multiplication,

200m

fields up to two hectares

- for the production of seed intended for multiplication,

100m

fields over two hectares

- for the production of seed intended for the production of

100m

fodder plants, fields up to two hectares

- for the production of seed intended for the production of

50m

fodder plants, fields over two hectares

With the approval of the Department, these distances can be disregarded if there is adequate

protection against undesirable pollen.

III. Seed Potatoes

Basic and certified seed

1. Varietal identity and varietal purity

The crop shall possess adequate varietal identity and varietal purity.

2. Crop health

Harmful organisms that reduce the usefulness of the seeds shall at least be present at the lowest

possible level.

3. Minimum conditions to be satisfied by basic and certified seed potatoes

(a) Basic seed potatoes shall satisfy the following conditions

(i) on official inspection of the growing plants, the number affected by blackleg must not

exceed 2%;

(ii) in the direct progeny, the number of plants not breeding true to the variety must not exceed

0.25% and the number of plants of a different variety must not exceed 0.1%; and

(iii) in the direct progeny, the number of plants showing symptoms of mild or severe viral

infection must not exceed 4%.

(b) Certified seed potatoes shall satisfy the following conditions

(i) on official inspection of the growing plants, the number affected by blackleg must not exceed

4%;

(ii) in the direct progeny, the number of plants not breeding true to the variety must not exceed

0.5% and the number of plants of a different variety must not exceed 0.2%; and

B

(iii) in the direct progeny, the number of plants showing symptoms of severe viral infection must

not exceed 10%. Light mosaics merely causing discolouration and not leaf deformation shall be

ignored.

(c) In assessing the progeny of a variety affected by a chronic viral disease, slight symptoms caused

by the virus in question shall not be taken into account.

The tolerances allowed under points (a)(iii) and (a)(iii) above and point (c) are applicable only

where the viral diseases are caused by viruses that are prevalent in Europe.

(d) The production ground must not be infected by Heterodera rostochiensis Woll. and the crop must

be free from Synchytrium endobioticum (Schilb.) Perc. and Corynebacterium sepedonicum

(Spieck. and Kotth.) Skapt. and Burkh..

3. Previous cropping and contamination

The crop may be grown only on land which has not previously been cropped in a manner that might

adversely affect the nature or quality of the seed to be produced. The field shall be sufficiently free

from such plants which are volunteers from previous cropping.

4. Field and crop inspections

The field and crop shall be officially examined when the cultural condition of the field and the stage

of development and condition of the crop permit this. The size, the number and the distribution of the

areas of the field to be inspected, shall be determined with appropriate methods.

2. Vegetables

Basic and certified seed

1. Varietal identity and varietal purity

The crop shall possess adequate varietal identity and varietal purity.

2. Crop health

Harmful organisms and diseases that reduce the usefulness of the seeds shall be present at the lowest

possible level.

3. Previous cropping and contamination

The crop may be grown only on land that has not previously been cropped in a manner that might

adversely affect the nature or quality of the seed to be produced. The field shall be sufficiently free

from such plants that are volunteers from previous cropping.

4. Field and crop inspections

In the case of basic seed, at least one official field inspection shall be carried out. For certified seed,

at least one field inspection shall be carried out, officially controlled by means of check inspection of

at least 20% of the crop of each species.

The cultural condition of the field and the stage of development of the crop shall be such as to permit

suitable checks of varietal identity and purity and health status of the crop.

5. Isolated distances

The minimum distances from neighbouring plants which might result in undesirable foreign

pollination shall be the following

B

(a) Beta vulgaris

(i) From any pollen sources of the genus Beta not included in subparagraphs (ii)

or (iii)

1000m

(ii) From pollen sources of varieties of the same subspecies belonging to a

different group of varieties

- crops to produce basic seed

1000m

- crops to produce certified seed

600m

(iii) From pollen sources of varieties of the same subspecies belonging to the

same group of varieties

- crops to produce basic seed

600m

- crops to produce certified seed

300m

The groups of varieties referred to in points (ii) and (iii) shall be determined by the Department.

(b) Brassica species

(i) From sources of foreign pollen liable to cause serious deterioration of

varieties of Brassica species

- crops to produce basic seed

1000m

- crops to produce certified seed

600m

(ii) From other sources of foreign pollen liable to cross with varieties of

Brassica species

- crops to produce basic seed

500m

- crops to produce certified seed

300m

(c) Industrial chicory

(i) From other species of the same genera or subspecies

1000m

(ii) From another variety of industrial chicory

- crops to produce basic seed

600m

- crops to produce certified seed

300m

(d) Other species

(i) From sources of foreign pollen liable to cause serious deterioration of

varieties of other species as a result of cross-fertilisation

- crops to produce basic seed

500m

- crops to produce certified seed

300m

(ii) From other sources of foreign pollen liable to cross with varieties of

other species as a result of cross-fertilisation

- crops to produce basic seed

300m

- crops to produce certified seed

100m

With the approval of the Department, these distances can be disregarded if there is adequate

protection from any undesirable, foreign pollination.

B

Schedule III

Regulation 7

Conditions to be satisfied by the seeds

1. Agricultural plants

I. Cereals

Basic seed, certified seed and certified seed of the first and second generations

1. Varietal identity and varietal purity

The seeds shall have sufficient varietal identity and varietal purity or, in the case of seeds of an

inbred line, sufficient identity and purity as regards its characteristics. For seeds of hybrid varieties,

the above mentioned provisions shall also apply to the characteristics of the components.

In particular, seeds of the species listed below shall conform to the following standards or other

conditions

A. Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum, Triticum durum

and Triticum spelta other than hybrids in each case (Table 1.9)

Table 1.9

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 Schedule II Section I.

B. Self-pollinating varieties of x Triticosecale other than hybrids (Table 1.10)

Table 1.10

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 Schedule II Section I.

C. Hybrids of Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum,

Triticum durum, Triticum spelta and self-pollinating x Triticosecale

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.

B

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

(a) either by blending seed lots in a proportion appropriate to the variety where, on one hand, a

female male-sterile component has been used and, on the other, a female male-fertile component

has been used, or

(b) 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 Schedule II.

E. Hybrids of Secale cereale

Seeds 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 these regulations in respect of identity and purity as

regards the characters of the components including male sterility.

2. Seed health

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

particular, the seeds 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 classified in

column 3 of Table 1.17 of Schedule IV Section I).

Table 1.11

Category

Claviceps purpurea

Cereals other than hybrids of Secale cereale

- basic seed

- certified seed

Hybrids of Secale cereale

- basic seed

- certified seed

4( a )

where ( 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.

3. Standards or other conditions to be met by the seeds

The seeds shall conform to the following standards or other conditions with regards to germination,

analytical purity and content of seeds of other plant species, as shown in Table 1.12

B

Maximum content by number of seeds of other plant species in a sample of the weight

raphanistrum,

Agrostemma

Raphanus

githago

-

-

-

-

specified in column 4 of Table 1.16 of Schedule IV (total per column)

Avena sterilis,

Avena fatua,

temulentum

Lolium

0 (c)

0 (c)

0(c)

0(c)

0(c)

0(c)

0(c)

0(c)

0(c)

0(c)

-

-

Plant species

other than

cereals

-

-

-

-

species

Other

cereal

1(b)

1(b)

1(b)

1(b)

1(b)

-

-

species

Other

plant

(a)

Minimum

analytical

weight)

purity

(% by

germination

(% of pure

Minimum

85(d)

75(d)

seed)

- certified seed 1 st and

- certified seed 1 st and

- certified seed 1 st and

Phalaris canariensis

Triticum aestivum,

Hordeum vulgare,

2 nd generations

2 nd generations

category

Triticum durum,

Species

Triticum spelta

2 nd generations

Avena strigosa,

- certified seed

- certified seed

x Triticosecale

Secale cereale

and

Sorghum spp.

Avena sativa,

Avena nuda

- basic seed

- basic seed

- basic seed

- basic seed

- basic seed

Table 1.12

Zea mays

B

where (reference to Table 1.12)

(a) refers to the maximum content of seeds laid down in column 4 which includes also seeds of the

species in columns 5 to 8;

(b) states that a second seed shall not be regarded as an impurity if a second sample of the same weight

is free from any seeds of other cereal species;

(c) states that 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) is the required minimum germination capacity is reduced to 75% of pure seed in the case of varieties

of Hordeum vulgare (naked barley). The official label shall include the words “Minimum

germination capacity 75%”.

II. Fodder Plants

Basic seed, certified seed, certified seed of the first and second generations and commercial seed

1. Varietal identity and varietal purity

The seeds shall possess sufficient varietal identity and purity.

2. Seed health

Harmful organisms that reduce the usefulness of the seed shall be present at the lowest possible level.

A. Basic seed

1. Varietal identity and varietal purity

The minimum varietal purity of seeds of Pisum sativum, Brassica oleracea convar. acephala, Vicia faba

and of varieties of Poa pratensis referred to in the second part of the third sentence of point 1 of

Schedule II Section II (Fodder plants), shall be 99.7%.

The minimum varietal purity shall be examined mainly in field inspections carried out in accordance

with the conditions laid down in Schedule II Section II.

2. Standards or other conditions to be met by the seed

The seeds shall satisfy the standards or other conditions set out in Table 1.13

B

conditions

standards

Other

(e) (f)

or

(g)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

-

-

Melilotus

Content by number in a sample of the weight specified in column 4 of Table

0 (d)

0 (d)

0 (d)

0 (d)

0 (c)

0 (c)

0 (c)

spp.

0(d)

-

-

-

-

-

-

-

-

-

-

-

-

-

-

myosuroides

Alopecurus

1.18 of Schedule IV Section II (total per column)

-

-

-

-

-

-

-

-

-

Maximum content of seeds of other plant species

Elytrigia

repens

-

-

-

-

-

-

-

-

-

Rumex acetosella

Rumex spp.

other than

maritimus

& Rumex

A single

species

20 (a)

20(b)

20(a)

20(a)

20(a)

20(a)

20(a)

20(a)

20(a)

weight)

(% by

Total

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

Fabaceae (Leguminosae)

Brassica oleracea convar.

Hedysarum coronarium

Trifolium alexandrinum

Poaceae (Gramineae)

Festuca trachyphylla

Species

Agrostis stolonifera

Lolium multiflorum

Trifolium pratense

Agrostis capillaris

Cynodon dactylon

Agrostis gigantea

Festuca pratensis

Festuca filiformis

Galega orientalis

Medicago sativa

Agrostis canina

Lolium perenne

Pisum sativum

Festuca rubra

Festuca ovina

Poa pratensis

Other species

Vicia sativa

Table 1.13

Vicia faba

acephala

B

where (reference to Table 1.13)

(a) a maximum total of 80 seeds of Poa spp. shall not be regarded as an impurity;

(b) refers to the condition laid down in column 3 which is not applicable to the seeds of Poa spp.. The

maximum total content of seeds of Poa spp. other than the species to be examined shall not exceed

one in a sample of 500 seeds;

(c) states that the determination of seeds of Melilotus spp. by number need not be carried out unless

there is doubt whether the conditions laid down in column 7 have been satisfied;

(d) states that the presence of one seed of Melilotus spp. in a sample of the prescribed weight, shall not

be regarded as an impurity where a second sample of twice the prescribed weight is free from any

seeds of Melilotus spp.;

(e) states that the condition (c) laid down in Table 1.14 of this Schedule is not applicable;

(f) states that the conditions (e) and (g) laid down in Table 1.15 of this Schedule are not applicable;

(g) states that the condition (i) laid down in Table 1.14 of this Schedule is not applicable.

B. Certified seed

1. Varietal identity and varietal purity

The seeds shall have sufficient varietal identity and purity. In particular, the seeds of the species listed

below shall conform to the following standards or other conditions.

The minimum varietal purity shall be

 Poa pratensis varieties referred to in the second part of the third sentence of point 1 of Schedule II

and Brassica oleracea convar. acephala

98%

 Pisum sativum and Vicia faba

- certified seed, first generation

99%

- certified seed, second and subsequent generations

98%

The minimum varietal purity shall be examined mainly in field inspections carried out in accordance

with the conditions laid down in Schedule II Section II.

2. Standards or other conditions to be met by the seeds

The seeds shall conform to the following standards or other conditions as regards germination, analytical

purity and content of seeds of other plant species, as shown in Tables 1.14 and 1.15

B

arvensis

Sinapis

Maximum content of seeds of other plant species (% of weight)

0.3

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

raphanistrum

Raphanus

0.3

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Elytrigia

repens

Analytical purity

0.3

0.3

0.3

0.3

0.3

0.5

0.5

0.5

0.5

0.5

0.5

0.5

0.3

-

-

-

-

-

-

-

-

-

A single

species

1.0 (c)

0.5 (i)

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.5

1.0

1.0

0.3

1.0

1.0

0.3

0.5

2.0 (c)

1.0 (i)

Total

2.0

2.0

2.0

2.0

2.0

2.0

2.0

1.5

1.5

2.0

1.5

1.5

2.0

2.5

1.5

0.5

1.5

1.5

0.5

1.0

purity (% of

Minimum

analytical

weight)

(% of pure

Maximum

content of

hard seed

seed)

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Germination

germination

(% of pure

Minimum

75 (a) (b)

80 (a) (b)

80 (a) (b)

80 (a) (b)

80 (a) (b)

85 (a) (b)

75 (a)

75 (a)

80 (a)

75 (a)

70 (a)

75 (a)

75 (a)

75 (a)

75 (a)

75 (a)

80 (a)

75 (a)

80 (a)

75 (a)

seed)

80(a)

Brassica oleracea convar.

Fabaceae (Leguminosae)

Hedysarum coronarium

Trifolium alexandrinum

Poaceae (Gramineae)

Festuca trachyphylla

Agrostis stolonifera

Lolium multiflorum

Trifolium pratense

Agrostis capillaris

Cynodon dactylon

Agrostis gigantea

Festuca pratensis

Festuca filiformis

Galega orientalis

Species

Medicago sativa

Agrostis canina

Lolium perenne

Pisum sativum

Festuca rubra

Festuca ovina

Poa pratensis

Other species

Vicia sativa

Table 1.14

Vicia faba

acephala

B

Table 1.15

Maximum content of seed of other plant species in a

Analytical purity

sample of the weight specified in column 4 of Table

1.18 of Schedule IV (total per column)

Maximum content of seeds

of other plant species (% by

Rumex spp. other than

Avena fatua

Species

weight)

& Avena

Rumex acetosella &

Cuscuta

spp.

sterilis

Rumex maritimus

Alopecurus

Melilotus

spp.

myosuroides

Poaceae (Gramineae)

0.3

-

-

0 (d) (e)

2 (h)

Agrostis canina

0.3

-

-

0 (d) (e)

2 (h)

Agrostis capillaris

0.3

-

-

0 (d) (e)

2 (h)

Agrostis gigantea

0.3

-

-

0 (d) (e)

2 (h)

Agrostis stolonifera

0.3

-

-

0 (d) (e)

Cynodon dactylon

0.3

-

-

0 (d) (e)

5 (h)

Festuca filiformis

0.3

-

-

0 (d) (e)

5 (h)

Festuca ovina

0.3

-

-

0 (d) (e)

5 (h)

Festuca pratensis

0.3

-

-

0 (d) (e)

5 (h)

Festuca rubra

0.3

-

-

0 (d) (e)

5 (h)

Festuca trachyphylla

0.3

-

-

0 (d) (e)

5 (h)

Lolium multiflorum

0.3

-

-

0 (d) (e)

5 (h)

Lolium perenne

0.3

-

-

0 (d) (e)

2 (h)

Poa pratensis

Fabaceae (Leguminosae)

-

0.3

0 (f) (g)

10 (i)

Galega orientalis

-

0.3

-

0 (e)

Hedysarum coronarium

-

0.3

-

0 (f) (g)

Medicago sativa

-

0.3

-

0 (d)

5 (h)

Pisum sativum

-

0.3

-

0 (f) (g)

Trifolium alexandrinum

-

0.3

-

0 (f) (g)

Trifolium pratense

-

0.3

-

0 (d)

5 (h)

Vicia faba

-

0.3

0 (j)

0 (d)

5 (h)

Vicia sativa

Other species

Brassica oleracea convar.

-

-

-

0 (d) (e)

acephala

where (reference to Tables 1.14 and 1.15)

(a) states that all fresh and healthy seeds which do not germinate after pre-treatment shall be regarded

as seeds which have germinated;

(b) refers to hard seeds present which shall be regarded as seed capable of germination up to the

maximum quantity indicated;

(c) states that a maximum total of 0.8% by weight of seeds of other Poa species shall not be regarded as

an impurity;

(d) refers to the determination of seeds of Cuscuta spp. by number that need not be carried out unless

there is doubt whether the conditions laid down in column 13 have been satisfied;

(e) states that the presence of one seed of Cuscuta spp. 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

Cuscuta spp.;

(f) refers to the weight of the sample for the determination of seeds of Cuscuta spp. by number which

shall be twice the weight specified in column 4 of Table 1.18 of Schedule IV for the relevant

B

species;

(g) states that the presence of one seed of Cuscuta spp. in a sample of the prescribed weight, shall not

be regarded as an impurity where a second sample of twice the prescribed weight is free from any

seed of Cuscuta spp.;

(h) states that the determination of seeds of Rumex spp. other than Rumex acetosella and Rumex

maritimus by number need not be carried out unless there is doubt whether the conditions laid down

in column 14 have been satisfied;

(i) states that the maximum total of 0.5% by weight of seeds of Lupinus albus, Lupinus angustifolius,

Lupinus luteus, Pisum sativum, Vicia faba, Vicia pannonica, Vicia sativa and Vicia villosa in

another relevant species shall not be regarded as an impurity;

(j) states that the determination of seeds of Avena fatua and Avena sterilis by number need not be

carried out unless there is doubt whether the conditions laid down in column 12 of Table 1.15 have

been satisfied.

C. Commercial Seed

Subject to the provisions below, the conditions laid down in Tables 1.14 and 1.15 and point 2 (regarding

harmful organisms affecting all seed categories as described in Section II of this Schedule) shall apply to

commercial seed

 The percentages by weight laid down in columns 5 and 6 of Table 1.14 of this Schedule are

increased by 1%.

 For Poa pratensis, a maximum total of 3% by weight of seeds of other Poa species shall not be

regarded as an impurity;

 For Hedysarum coronarium, a maximum total of 1% by weight of seeds of Melilotus spp. shall not

be regarded as an impurity;

 In the case of Vicia spp., a maximum total of 6% by weight of seeds of Vicia pannonica, Vicia

villosa or related cultivated species in another relevant species shall not be regarded as an impurity;

 In the case of Vicia sativa, the minimum analytical purity shall be 97% by weight.

III. Seed Potatoes

Basic and certified seed

1. Varietal identity and varietal purity

The seeds shall possess sufficient varietal identity and purity.

2. Seed health

Seed potatoes shall be free from Heterodera rostochiensis, Synchytrium endobioticum, Corynebacterium

sepedonicum and Pseudomonas solanacearum.

3. Minimum quality conditions for lots of basic and certified seed potatoes

(a) The tolerances allowed for the following impurities, blemishes and diseases affecting seed potatoes

are the following

(i) Presence of earth and extraneous matter

2% by weight

(ii) Dry and wet rot, except if caused by

Synchytrium endobioticum, Corynebacterium

sepedonicum or Pseudomonas solanacearum

1% by weight

(iii) External blemishes eg. misshapen or damaged tubers

3% by weight

B

(iv) Common scab: tubers with over more than one-

third of their surface affected

5% by weight

Total tolerance for points (ii) to (iv)

6% by weight

2. Vegetables

Basic seed, certified seed and standard seed

1. Varietal identity and varietal purity

The seeds shall possess sufficient varietal identity and purity.

2. Seed health

Diseases and harmful organisms that reduce the usefulness of the seeds shall be at the lowest possible

level.

Additional requirements

(i) Legume seeds shall not be contaminated by the following live insects

 Acanthoscelides obtectus Sag.

 Bruchus affinis Froel.

 Bruchus atomarius L.

 Bruchus pisorum L.

 Bruchus rufimanus Boh..

(ii) Seeds must not be contaminated with live Acarina.

B

3. Standards or conditions to be met by the seeds

The seeds shall satisfy the standards or conditions shown in Table 1.16.

Table 1.16

Minimum

Maximum content

Minimum

Species

analytical

of seeds of other

germination

purity

plant species (% by

(% clusters of

(% by weight)

weight)

pure seed)

0.5

Allium cepa

0.5

Allium fistulosum

0.5

Allium porrum

0.5

Allium sativum

0.5

Allium schoenoprasum

1.0

Anthriscus cerefolium

1.0

Apium graveolens

0.5

Asparagus officinalis

Beta vulgaris (Cheltenham beet)

0.5

50 (clusters)

Beta vulgaris (others)

0.5

70 (clusters)

Brassica oleracea (cauliflower)

1.0

Brassica oleracea (other than cauliflower)

1.0

Brassica rapa (Chinese cabbage)

1.0

Brassica rapa (turnip)

1.0

0.5

Capsicum annuum

1.0

Cichorium endivia

Cichorium intybus (Witloof & large-leaved

chicory [Italian chicory])

1.5

Cichorium intybus (Industrial chicory)

0.1

Citrullus lanatus

0.1

Cucumis melo

0.1

Cucumis sativus

0.1

Cucurbita maxima

0.1

Cucurbita pepo

0.5

Cynara cardunculus

1.0

Daucus carota

1.0

Foeniculum vulgare

0.5

Lactuca sativa

0.5

Lycopersicon lycopersicum

1.0

Petroselinum crispum

0.1

Phaseolus coccineus

0.1

Phaseolus vulgaris

0.1

Pisum sativum

1.0

Raphanus sativus

1.0

Rheum rhabarbarum

0.5

Scorzonera hispanica

0.5

Solanum melongena

1.0

Spinacia oleracea

1.0

Valerianella locusta

0.1

Vicia faba

0.1

Zea mays

In the case of varieties of Zea mays (sweetcorn – super-sweet types), the required minimum germination

capacity is reduced to 80% of pure seed. The official label or the supplier’s label, where appropriate,

shall include the words “Minimum germination capacity 80%”.

B

Schedule IV

Regulation 10(4)

Sampling of seed lots

1. Agricultural plants

I. Cereals

The maximum weight of a seed lot and the minimum weight of a submitted sample shall be as indicated

in Table 1.17. The maximum lot weight shall not exceed that indicated by more than 5%.

Table 1.17

Weight of the sample for

Minimum weight

determination by number

Maximum weight

of a sample to be

provided for in Table 1.11

Species

of a lot (tonnes)

drawn from a lot

& columns 4 to 8 of Table

(grams)

1.12 (Schedule III)

(grams)

Avena nuda,

Avena sativa,

Avena strigosa,

Hordeum vulgare,

Triticum aestivum,

Triticum durum,

Triticum spelta,

x Triticosecale,

Secale cereale

Phalaris canariensis

Sorghum bicolor, Sorghum

bicolor x S. sudanense

Sorghum sudanense

Zea mays, basic seed of

inbred lines

Zea mays, basic seed other

than inbred lines; certified

seed

B

II. Fodder Plants

The table below (Table 1.18) shows the maximum weight of a seed lot and the minimum submitted

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

Table 1.18

Minimum

Weight of the sample for the

Maximum

weight of a

determinations by number

weight of a

Species

sample to be

provided in columns 3 to 7 of

seed lot

drawn from a

Table 1.13 & columns 12 to 14

(tonnes)

lot (grams)

of Table 1.15 (Schedule III)

(grams)

Poaceae (Gramineae)

Agrostis canina

Agrostis capillaris

Agrostis gigantea

Agrostis stolonifera

Cynodon dactylon

Festuca filiformis

Festuca ovina

Festuca pratensis

Festuca rubra

Festuca trachyphylla

Lolium multiflorum

Lolium perenne

Poa pratensis

Fabaceae (Leguminosae)

Galega orientalis

Hedysarum coronarium

- fruit

- seed

Medicago sativa

Pisum sativum

Trifolium alexandrinum

Trifolium pratense

Vicia faba

Vicia sativa

Other species

Brassica oleracea convar.

acephala

B

2. Vegetables

A. Maximum weight of a seed lot

Table 1.19 indicates the maximum weight of a seed lot that must not be exceeded by more than 5%

Table 1.19

Category

Maximum lot weight (tonnes)

Seeds of Phaseolus coccineus, Phaseolus vulgaris, Pisum sativum and

Vicia faba

Seeds of a size not less than a grain of wheat, other than Phaseolus

coccineus, Phaseolus vulgaris, Pisum sativum and Vicia faba

Seeds of a size smaller than a grain of wheat

B. Sample weight of vegetable seeds

The minimum submitted sample weight of vegetable seed is indicated below (Table 1.20)

Table 1.20

Species

Weight (grams)

Allium cepa

Allium fistulosum

Allium porrum

Allium sativum

Allium schoenoprasum

Anthriscus cerefolium

Apium graveolens

Asparagus officinalis

Beta vulgaris

Brassica oleracea (all kinds)

Brassica rapa

Capsicum annuum

Cichorium endivia

Cichorium intybus (Witloof & large-leaved chicory [Italian chicory])

Cichorium intybus (Industrial chicory)

Citrullus lanatus

Cucumis melo

Cucumis sativus

Cucurbita maxima

Cucurbita pepo

Cynara cardunculus

Daucus carota

Foeniculum vulgare

Lactuca sativa

Lycopersicon esculentum

Petroselinum crispum

Phaseolus coccineus

Phaseolus vulgaris

Pisum sativum

Raphanus sativus

B

Rheum rhabarbarum

Lycopersicon lycopersicum

Scorzonera hispanica

Solanum melongena

Spinacia oleracea

Valerianella locusta

Vicia faba

Zea mays

In the case of F 1 hybrid varieties of the species mentioned in Table 1.20, the minimum weight of the

submitted sample may be reduced to a quarter of the weight specified for the variety. However, the

sample must have a weight of at least 5g and consists of at least 400 seeds.

B

Schedule V

Regulation 13(1)

Official labelling of seed packages

1. Agricultural plants

I. Cereals

A. Pre-basic seed

(a) Required information for the label

 Certification authority and Member State or their distinguishing abbreviations,

 Reference number of lot,

 Month and year of sealing expressed thus: “sealed …. (month and year)” or month and year of

the last official sampling for the purposes of certification expressed thus: “sampled …. (month

and year)”,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ name, in Latin characters,

 Variety, indicated at least in Latin characters,

 “Pre-basic seed”,

 Declared net or gross weight, or declared number of seeds,

 Number of generations preceding seed of the categories certified seed or certified seed of the

first generation,

 Where weight is indicated and granulated pesticides, pelleting substances or other solid additives

are used, the nature of the additive and the approximate ratio between the weight of pure seeds

and the total weight.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured white with a diagonal violet line.

B. Basic and certified seed

(a) Required information for the label

 “EC rules and standards”,

 Certification authority and Member State or their distinguishing abbreviations,

 Reference number of lot,

 Month and year of sealing expressed thus: “sealed …. (month and year)” or month and year of

the last official sampling for the purposes of certification expressed thus: “sampled …. (month

and year)”,

 Species, indicated at least under its botanical name, which may be given in abridged form and

without the authors’ names, in Latin characters,

 Variety, indicated at least in Latin characters,

 Category,

 Country of production,

 Declared net or gross weight, or declared number of seeds,

 Where weight is indicated and granulated pesticides, pelleting substances or other solid additives

are used, the nature of the additive and also the approximate ratio between the weight of pure

seeds and the total weight,

 In the case of varieties which are hybrids or inbred lines

(i) for basic seed where the hybrid or inbred line to which the seeds belongs has been officially

accepted under these regulations: the name of this component, under which it has been

B

officially accepted with or without reference to the final variety, accompanied, in the case of

hybrids or inbred lines which are intended solely as components for final varieties, by the

word “component”;

(ii) for basic seed in other cases: the name of the component to which the basic seed belongs,

which may be given in code form, accompanied by a reference to the final variety, with or

without reference to its function (male or female), and accompanied by the word

“component”;

(iii) for certified seed: the name of the variety to which the seeds belongs, accompanied by the

word “hybrid”,

 Where at least germination has been retested, the words “retested …. (month and year)” and the

service responsible for such retesting may be indicated. Such information may be given on an

official sticker attached to the official label.

In certain circumstances, the requirement to indicate the botanical name in respect of individual species

may be disregarded and, where appropriate, for limited periods where it has been established that the

disadvantages of its implementation outweigh the advantages expected for the marketing of seed.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured white for basic seed, blue for certified seed and certified seed of the first

generation and red for certified seed of the second generation.

C. Seed mixtures

(a) Required information for the label

 “Mixture of …. (species or varieties)”,

 Authority responsible for sealing and Member State or their distinguishing abbreviations,

 Reference number of the lot,

 Month and year of sealing expressed thus: “sealed …. (month and year)”,

 Species, category, variety and country of production and proportion by weight of each of the

components; the names of the species and varieties shall be indicated at least in Latin characters,

 Declared net or gross weight, or declared number of seeds,

 Where weight is indicated and granulated pesticides, pelleting substances or other solid additives

are used, the nature of the additive and also the approximate ratio between the weight of pure

seeds and the total weight,

 Where at least germination of all the components of the mixture has been retested, the words

“retested .… (month and year)” and the service responsible for such retesting may be indicated.

Such information may be given on an official sticker attached to the official label,

 “Marketing permitted exclusively in .…”.

(b) Minimum dimensions of the label is 110mm x 67mm.

(c) The label shall be coloured green.

D. Seed not finally certified or harvested in another Member State

(a) Required information for the label

 Authority responsible for field inspection and Member State or their distinguishing

abbreviations,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ names, in Latin characters,

 Variety, indicated at least in Latin characters (in the case of inbred lines and hybrids which are

intended solely as components for hybrid varieties, the word “component” shall be added),

 Category,

B

 In the case of hybrid varieties, the word “hybrid” shall be added,

 Declared net or gross weight,

 The words “seed not finally certified”.

In certain circumstances, the requirement to indicate the botanical name in respect of individual species

may be disregarded and, where appropriate, for limited periods where it has been established that the

disadvantages of its implementation outweigh the advantages expected for the marketing of seed.

(b) The label shall be coloured grey.

Information required for the documentation of seed not finally certified or harvested in

another Member State

 Authority issuing the document,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ names, in Latin characters,

 Variety, indicated at least in Latin characters,

 Category,

 Reference number of the seed used to sow the field and name of the country or countries which

certified that seed,

 Field or lot reference number,

 Area cultivated for the production of the lot covered by the document,

 Quantity of seed harvested and number of packages,

 Number of generations after basic seed, in the case of certified seed,

 Attestation that the conditions to be satisfied by the crop from which the seed comes have been

fulfilled,

 Where appropriate, results of a preliminary seed analysis.

II. Fodder Plants

A. Pre-basic seed

(a) Required information for the label

 Certifying authority and country and their distinguishing abbreviations,

 Reference number of lot,

 Month and year of sealing expressed thus: “sealed …. (month and year)” or month and year of

the last official sampling for the purposes of certification expressed thus: “sampled …. (month

and year)”,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ name, in Latin characters,

 Variety, indicated at least in Latin characters,

 “Pre-basic seed”,

 Country of production,

 Declared net or gross weight, or declared number of seeds,

 Number of generations preceding seeds of the category certified seed or certified seed of the first

generation,

 Where weight is indicated and granulated pesticides, pelleting substances or other solid additives

are used, the nature of the additive and the approximate ratio between the weight of pure seeds

and the total weight.

(b) Minimum size of the label is 110mm x 67mm.

B

(c) The label shall be coloured white with a diagonal violet line.

B. Basic seed, certified seed, certified seed of the first and second generations

(a) Required information for the label

 “EC rules and standards”,

 Certifying authority and Member State and their distinguishing abbreviations,

 Reference number of the lot,

 Month and year of sealing expressed thus: “sealed …. (month and year)”, or month and year of

the last official sampling for the purposes of certification expressed thus: “sampled .… (month

and year)”,

 Species, indicated at least under its botanical name, which may be given in abridged form and

without the authors’ names, in Latin characters,

 Variety indicated at least in Latin characters,

 Category,

 Country of production,

 Declared net or gross weight, or declared number of pure seeds,

 Where weight is indicated and granulated pesticides, pelleting substances or other solid additives

are used, the nature of the additive and also the approximate ratio between the weight of pure

seeds and the total weight,

 For certified seed of the second generation and subsequent generations after basic seed: number

of generations after basic seed,

 For seed of grass varieties [Poaceae (Gramineae)], in respect of which no official examination of

their value for cultivation and use has been carried out (regulation 8 of these regulations): “Not

intended for the production of fodder plants”,

 Where at least germination has been retested, the words “retested …. (month and year)” and the

service responsible for such retesting may be indicated. Such information may be given on an

official sticker attached to the official label.

In certain circumstances, the requirement to indicate the botanical name in respect of individual species

may be disregarded and, where appropriate, for limited periods where it has been established that the

disadvantages of its implementation outweigh the advantages expected for the marketing of seed.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured white for basic seed, blue for certified seed and certified seed of the first

generation and red for certified seed of the second generation.

C. Commercial seed

(a) Required information for the label

 “EC rules and standards”,

 “Commercial seed (not certified as to variety)”,

 Supervising authority and Member State or their distinguishing abbreviations,

 Reference number of lot,

 Month and year of sealing expressed thus: “sealed …. (month and year)” or month and year of

the last official sampling for the purposes of certification expressed thus: “sampled .… (month

and year)”,

 Species, indicated at least under its botanical name, which may be given in abridged form and

without the authors’ names, in Latin characters,

 Area of production,

 Declared net or gross weight, or declared number of pure seeds,

B

 Where weight is indicated and granulated pesticides, pelleting substances or other solid additives

are used, the nature of the additive and also the approximate ratio between the weight of pure

seed and the total weight,

 Where at least germination has been retested, the words “retested .… (month and year)” and the

service responsible for such retesting may be indicated. Such information may be given on an

official sticker attached to the official label.

In certain circumstances, the requirement to indicate the botanical name in respect of individual species

may be disregarded and, where appropriate, for limited periods where it has been established that the

disadvantages of its implementation outweigh the advantages expected for the marketing of seed.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured brown.

D. Seed mixtures

(a) Required information for the label

 “Seed mixture for …. (intended use)”,

 Authority responsible for sealing and Member State or their distinguishing abbreviations,

 Reference number of lot,

 Month and year of sealing expressed thus: “sealed …. (month and year)”,

 Percentage by weight of the various components shown by species and, where appropriate, by

variety, both indicated at least in Latin characters; it is sufficient to give the name of the mixture

if the percentage by weight has been notified in writing to the purchaser and officially recorded,

 Declared net or gross weight, or declared number of seeds,

 Where weight is indicated and granulated pesticides, pelleting substances or other solid additives

are used, the nature of the additive and the approximate ratio between the weight of pure seeds

and the total weight,

 Where at least germination of all the components of the mixture has been retested, the words

“retested …. (month and year)” and the service responsible for such retesting may be indicated.

Such information may be given on an official sticker attached to the official label.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured green.

E. Seed not finally certified or harvested in another Member State

(a) Required information for the label

 Authority responsible for field inspection and Member State or their distinguishing

abbreviations,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ names, in Latin characters,

 Variety, indicated at least in Latin characters,

 Category,

 Field or lot reference number,

 Declared net or gross weight,

 The words “seed not finally certified”.

In certain circumstances, the requirement to indicate the botanical name in respect of individual species

may be disregarded and, where appropriate, for limited periods where it has been established that the

disadvantages of its implementation outweigh the advantages expected for the marketing of seed.

B

(b) The label shall be coloured grey.

Information required for the documentation of seed not finally certified or harvested in

another Member State

 Authority issuing the document,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ name, in Latin characters,

 Variety, indicated at least in Latin characters,

 Category,

 Reference number of the seed used to sow the field and name of the country or countries which

certified the seed,

 Field or lot reference number,

 Area cultivated for the production of the lot covered by the document,

 Quantity of seed harvested and number of packages,

 Number of generations after basic seed, in the case of certified seed,

 Attestation that the conditions to be satisfied by the crop from which the seed comes have been

fulfilled,

 Where appropriate results of a preliminary seed analysis.

F. Supplier’s label for small EC B packages of certified or commercial seed other than a mixture

(a) Required information for the label

 “Small EC B package”,

 Name and address of supplier responsible for marking or his identification mark,

 Officially assigned serial number,

 Service which assigned the serial number and Member State or their distinguishing

abbreviations,

 Reference number if the official serial number does not enable the admitted seed lot to be

identified,

 Species, indicated at least in Latin characters,

 Variety, indicated at least in Latin characters (for certified seed only),

 “Category” (in the case of certified seed) or “Commercial seed”,

 Net or gross weight, or number of pure seeds,

 Where weight is indicated and granulated pesticides, pelleting substances or other solid additives

are used, the nature of the additive and the approximate ratio between the weight of pure seeds

and the total weight,

 In the case of certified seed of grass varieties [Poaceae (Gramineae)], in respect of which no

official examination of their value for cultivation and use has been carried out (regulation 2 of

these regulations): “Not intended for the production of fodder plants”.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured blue for certified seed and certified seed of the first generation and red

for certified seed of the second generation.

G. Supplier’s label for small packages of seed mixtures

(a) Required information for the label

 “Small EC A package” or “Small EC B package”,

 Name and address of supplier responsible for marking or his identification mark,

 Small EC B package: officially assigned serial number,

B

 Small EC B package: service which assigned the serial number and Member State or their

distinguishing abbreviations,

 Small EC B package: reference number if the official serial number does not enable the used

seed lots to be identified,

 Small EC A package: reference number enabling the used seed lots to be identified,

 Small EC A package: country or its distinguishing abbreviation,

 “Seed-mixture for …. (intended use)”,

 Net weight or gross weight, or number of pure seeds,

 Where weight is indicated and granulated pesticides, pelleting substances, or other solid

additives are used, the nature of the additives and the approximate ratio between the weight of

pure seeds and the total weight,

 Percentage by weight of the various components shown by species and, where appropriate, by

variety both indicated at least in Latin characters; it is sufficient to give part of this information,

as Malta may prescribe for small packages produced in its territory, and a reference to the kind

of mixture if the proportion by weight can be communicated to the purchaser on request and has

been officially recorded.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured green.

III. Seed Potatoes

A. Pre-basic seed

(a) Required information for the label

 Certification authority and Member State or their distinguishing abbreviations,

 Producer’s identification number or reference number of lot,

 Month and year of sealing,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ names, or its common name, or both, in Latin characters,

 Variety, indicated at least in Latin characters,

 “Pre-basic seed”,

 Declared net weight.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured white with a diagonal violet line.

B. Basic and certified seed

(a) Required information for the label

 “EC rules and standards”,

 Certification authority and Member State or their distinguishing abbreviations,

 Producer’s identification number or reference number of lot,

 Month and year of sealing,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the author’s names, or its common name, or both, in Latin characters,

 Variety, indicated at least in Latin characters,

 Country of production,

 Category, and if desirable, grade,

 Size,

 Declared net weight.

B

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured white for basic seed and blue for certified seed.

C. Supplier’s label for basic and certified seed

(a) Required information for the label

 “EC rules and standards”,

 Name and address of the person responsible for affixing the labels or his identification mark,

 Month and year of sealing,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ names, or its common name, or both, in Latin characters,

 Variety, indicated at least in Latin characters,

 Country of production,

 Category, and if desirable, grade,

 Size,

 Reference number enabling the lot to be identified,

 Declared net weight.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured white for basic seed and blue for certified seed.

2. Vegetables

A. Pre-basic seed

(a) Required information

 Certification authority and Member State or their distinguishing abbreviations,

 Reference number of lot,

 Month and year of sealing expressed thus: “sealed …. (month and year)”, or month and year of

the last official sampling for the purposes of certification expressed thus: “sampled …. (month

and year)”,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ names, or its common name, or both, in Latin characters,

 Variety, indicated at least in Latin characters,

 “Pre-basic seed”,

 Declared net or gross weight, or declared number of seeds,

 Number of generations preceding seed of the category certified seed,

 Where weight is indicated and granulated pesticides, pelleting substances or other solid additives

are used, the nature of the additive and the approximate ratio between the weight of pure seeds

and the total weight.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured white with a diagonal violet line.

B. Basic and certified seed (excluding small packages)

(a) Required information for the label

 “EC rules and standards”,

 Certification authority and Member State or their distinguishing abbreviations,

B

 Month and year of sealing expressed thus: “sealed …. (month and year)”, or month and year of

the last official sampling for the purposes of certification expressed thus: “sampled …. (month

and year)”,

 Reference number of lot,

 Species, indicated at least in Latin characters, under its botanical name, which may be given in

an abridged form and without the authors’ names, or its common name, or both,

 Variety, indicated at least in Latin characters,

 Category,

 Country of production,

 Declared net or gross weight, or declared number of seeds,

 Where weight is indicated and 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

of pure seeds and total weight,

 In the case of varieties which are hybrids or inbred lines

(i) for basic seed where the hybrid or inbred line to which the seed belongs has been officially

accepted under these regulations: the name of this component, under which it has been

officially accepted, with or without reference to the final variety, accompanied, in the case of

hybrids or inbred lines which are intended solely as components for final varieties, by the

word “component”,

(ii) for basic seed in other cases: the name of the component to which the basic seed belongs,

which may be given in code form, accompanied by a reference to the final variety, with or

without reference to its function (male or female), and accompanied by the word

“component”,

(iii) for certified seed: the name of the variety to which the seed belongs accompanied by the

word “hybrid”.

 Where at least germination has been re-tested, the words “retested …. (month and year)” may be

indicated.

(b) Minimum dimensions of the label are 110mm x 67mm.

(c) The label shall be coloured white for basic seed and blue for certified seed.

C. Seeds not finally certified or harvested in another Member State

(a) Required information for the label

 Authority responsible for field inspection and Member State or their distinguishing

abbreviations,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ names, or under its common name, or both, in Latin characters,

 Variety, indicated at least in Latin characters,

 Category,

 Field or lot reference number,

 Declared net or gross weight,

 The words “seed not finally certified”.

(b) The label shall be coloured grey.

Information required for the documentation of seed not finally certified or harvested in

another Member State

 Authority issuing the document,

 Species, indicated at least under its botanical name, which may be given in an abridged form and

without the authors’ names, or under its common name, or both, in Latin characters,

B

 Variety, indicated at least in Latin characters,

 Category,

 Reference number of the seed used to sow the field and name of the country or countries which

certified the seed,

 Field or lot reference number,

 Area cultivated for the production of the lot covered by the document,

 Quantity of seed harvested and number of packages,

 Attestation that the conditions to be satisfied by the crop from which the seed comes have been

fulfilled,

 Where appropriate, results of a preliminary seed analysis.

D. Supplier’s label or inscription on packages of standard seed (excluding small packages)

(a) Required information for the label

 “EC rules and standards”,

 Name and address of the person responsible for affixing the labels or his identification mark,

 Marketing year of the sealing or of the last examination of germination (the end of the marketing

year may be indicated),

 Species, indicated at least in Latin characters,

 Variety, indicated at least in Latin characters,

 Category: indicated with the letters “ST”,

 Reference number given by the person responsible for affixing the labels,

 Declared net or gross weight, or declared number of seeds,

 Where weight is indicated and 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

of pure seed and the total weight.

(b) Minimum size of the label is 110mm x 67mm.

(c) The label shall be coloured dark yellow.

E. Supplier’s label for small packages of certified seed

(a) Required information for the label

 “EC rules and standards”,

 Name and address of the person responsible for affixing the label or his identification mark,

 Marketing year of the sealing or of the last examination of germination (the end of the marketing

year may be indicated),

 Species, indicated at least in Latin characters,

 Variety, indicated at least in Latin characters,

 Category, indicated with the letters “C” or “Z”,

 Reference number enabling the certified lot to be identified,

 Declared net or gross weight or declared number of seeds, except for small packages not

exceeding 500 grams,

 Where weight is indicated and 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

of pure seeds and the total weight.

(b) The label shall be coloured blue.