MT
SEEDS OF AGRICULTURAL PLANTS AND VEGETABLES REGULATIONS
Table of Provisions (43)
Statutory Text (43 Articles)
SUBSIDIARY LEGISLATION 433.30
SEEDS OF AGRICULTURAL PLANTS
AND VEGETABLES REGULATIONS
3rd January, 2018
LEGAL NOTICE 2 of 2018, as amended by Legal Notice 5 of 2019 and
88, 331, 422 of 2020, 366 and 507 of 2021, 127 of 2022 and 95 of 2025.
The title of these regulations is the Seeds of Agricultural
Plants and Vegetables Regulations.
L.N. 88 of 2020;
Lists of genera and species
L.N. 366 of 2021.
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.
Oat and Red oat
Koch)
Avena strigosa Schreb.
Black oat, Bristle oat
Hordeum vulgare L.
Barley
Phalaris canariensis L.
Canary grass
Secale cereale L.
Rye
Sorghum bicolor (L.)
Sorghum
Moench subsp. bicolor
Sorghum bicolor (L.) Moench subsp.
Sudan grass
drummondii (Steud.) de Wet ex Davidse
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. subsp. aestivum
Wheat
Triticum turgidum L. subsp. durum
Durum wheat
(Desf.) van Slageren
Triticum aestivum L. subsp. spelta (L.)
Spelt wheat
Thell.
Zea mays L. (partim) except Zea mays
Maize (except popcorn and sweet corn)
convar. microsperma Koern. and Zea
mays convar. saccharata Koern.
Sorghum bicolor (L.) Moench subsp.
Hybrids resulting from the crossing of
bicolor x Sorghum bicolor (L.) Moench
Sorghum bicolor (L.) Moench subsp.
subsp. drummondii (Steud.) de Wet ex
bicolor and Sorghum bicolor (L.) Moench
Davidse
subsp. drummondii (Steud.) de Wet ex
Davidse and
II.
Fodder Plants
Table 1.2
Latin Name
Common Name
Poaceae (Gramineae)
Grasses
Agrostis canina L.
Velvet bent
Agrostis capillaris L.
Brown top
Agrostis gigantea Roth.
Roth Redtop
Agrostis stolonifera L.
Creeping bent grass
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.) Hack.
Hard fescue
Lolium multiflorum Lam.
Italian ryegrass (incl.
Westerwold ryegrass)
Lolium perenne L.
Perennial ryegrass
Poa pratensis L.
Smooth-stalked meadow grass
Legumes
Fabaceae (Leguminosae)
Biserrula pelecinus L.
Biserrula
Galega orientalis Lam.
Fodder galega
Hedysarum coronarium L.
Sulla
Lathyrus cicera L.
Chickling vetch/Dwarf chickling
vetch
Medicago doliata Carmign.
Straight-spined medic
Medicago italica (Mill.) Fiori
Disc medic
Medicago littoralis Rohde ex Loisel.
Shore medic/Strand medic
Medicago murex Willd.
Sphere medic
Medicago polymorpha L.
Bur medic
Medicago rugosa Desr.
Wrinkled medic/Gama medic
Medicago sativa L.
Lucerne
Medicago scutellata (L.) Mill.
Snail medic/Shield medic
Medicago truncatula Gaertn.
Barrel medic
Ornithopus compressus L.
Yellow serradella
Ornithopus sativus Brot.
Serradella
Pisum sativum L. (partim)
Field pea
Trifolium alexandrinum L.
Berseem, Egyptian clover
Trifolium fragiferum L.
Strawberry clover
Trifolium glanduliferum Boiss.
Glandular clover
Trifolium hirtum All.
Rose clover
Trifolium isthmocarpum Brot.
Moroccan clover
Trifolium michelianum Savi
Balansa clover
Trifolium pratense L.
Red clover
Trifolium squarrosum L.
Squarrose clover
Trifolium subterraneum L.
Subterranean clover
Trifolium vesiculosum Savi
Arrow-leaf clover
Vicia benghalensis L.
Purple vetch
Vicia faba L.
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.
Fodder kale
var. medullosa Thell. + var varidis L.
Plantago lanceolata L.
Ribwort plantain
III.
Potatoes
Table 1.4
Latin Name
Common Name
Solanum tuberosum L.
Potato
2. Vegetables
Table 1.5
Genus or species
Common name
Allium cepa L.
-Cepa group
Onion
Echalion
-Aggregatum group
Shallot
Allium fistulosum L.
Japanese bunching onion or Welsh onion
-all varieties
Allium porrum L.
Leek
-all varieties
Allium sativum L.
Garlic
-all varieties
Allium schoenoprasum L.
Chives
-all varieties
Anthriscus cerefolium (L.) Hoffm.
Chervil
-all varieties
Apium graveolens L.
-Celery Group
-
-Celeriac Group
-
Asparagus officinalis L.
Asparagus
-all varieties
Beta vulgaris L.
-Garden Beet Group
Beetroot including Cheltenham beet
-Leaf Beet Group
Spinach beet or Chard
Brassica oleracea L.
-Kale Group
-
-Cauliflower Group
-
-Capitata Group
Red cabbage and White cabbage
-Brussel Sprouts Group
-
-Kohlrabi Group
-
-Savoy Cabbage Group
-
-Broccoli Group
Calabrese type and sprouting type
-Palm Kale Group
-
-Tronchuda Group
Portuguese cabbage
Brassica rapa L.
-Chinese Cabbage Group
-
-Vegetable Turnip Group
-
Capsicum annuum L.
Chilli or Pepper
-all varieties
Cichorium endivia L.
Endive
-all varieties
Cichorium intybus L.
-Witloof Chicory Group
-
-Leaf Chicory Group
Large-leaved chicory or Italian chicory
-Industrial (Root) Chicory Group
-
Citrullus lanatus (Thunb.) Matsum. et Nakai
Watermelon
-all varieties
Cucumis melo L.
Melon
-all varieties
Cucumis sativus L.
-Cucumber Group
-
-
-Gherkin Group
Cucurbita maxima Duchesne
Gourd
-all varieties
Cucurbita pepo L.
Marrow, including mature pumpkin and scallop
squash or Courgette, including immature
-all varieties
scallop squash
Cynara cardunculus L.
-Globe Artichoke Group
-
-Cardoon Group
-
Daucus carota L.
Carrot
-all varieties
Fodder carrot
Foeniculum vulgare Mill.
Fennel
-Azoricum Group
Lactuca sativa L.
Lettuce
-all varieties
Petroselinum crispum (Mill.) Nyman ex A.W.
Hill
-Leaf Parsley Group
-
-Root Parsley Group
-
Phaseolus coccineus L.
Runner bean
-all varieties
Phaseolus vulgaris L.
-Dwarf French Bean Group
-
-Climbing French Bean Group
-
Pisum sativum L. (partim)
-Round Pea Group
-
-Wrinkled Pea Group
-
-Sugar Pea Group
-
Raphanus sativus L.
-Radish Group
-
-Black Radish Group
-
Rheum rhabarbarum L.
Rhubarb
-all varieties
Scorzonera hispanica L.
Scorzonera or Black salsify
-all varieties
Solanum lycopersicum L.
Tomato
-all varieties
Solanum melongena L.
Aubergine or Eggplant
-all varieties
Spinacia oleracea L.
Spinach
-all varieties
Valerianella locusta (L.) Laterr.
Corn salad or Lamb’s lettuce
-all varieties
Vicia faba L.
Broad bean
-all varieties
Zea mays L.
-Sweet Corn Group
-
-
-Popcorn Group
Amended by:
(1)
The scope of these regulations is to make
provisions 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 EU 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
Regulation (EU) 2016/2031 on protective measures against pests of
plants.
(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 Council Directives 66/401/
EEC, 66/402/EEC, 2002/55/EC and 2002/56/EC on the marketing of
fodder plant seed, cereal seed, vegetable seed and seed potatoes and
their amendments.
L.N. 5 of 2019;
Regulation 3(2)
L.N. 331 of 2020;
L.N. 366 of 2021;
L.N. 507 of 2021;
L.N. 127 of 2022.
Conditions to be satisfied by the crop
1. Agricultural plants
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. The crop shall be practically free from any pests which reduce the usefulness
and quality of the seed.
The crop shall also comply with the requirements concerning Union
quarantine pests, protected zone quarantine pests and regulated non-
quarantine pests ("RNQPs") provided for in implementing acts adopted
pursuant to Regulation (EU) 2016/2031 as well as the measures adopted
pursuant to Article 30(1) of that Regulation.
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, xTriticosecale, Triticum
aestivum subsp. aestivum, Triticum turgidum subsp.
durum, Triticum aestivum subsp. spelta, Secale cereale
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.
In the case where, following the implementation of points 1., 4. and A.1, there
is still doubt as to the varietal identity of the seed, the certification authority
may use, for the examination of that identity, an internationally recognised and
reproducible biochemical or molecular technique, in accordance with the
applicable international standards.
Basic seed and certified seed
1. Varietal identity and varietal purity
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%
-
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 as regards distances from
neighbouring sources of pollen which may result in undesirable foreign
pollination
Table 1.6
Minimum
Crop
distance
Phalaris canariensis, and Secale cereale other than hybrids
for the production of basic seed
300m
for the production of certified seed
250m
Sorghum spp.
for the production of basic seed (*)
400m
for the production of certified seed (*)
200m
x Triticosecale, self-pollinating varieties
for the production of basic seed
50m
for the production of certified seed
20m
200m
Zea mays
In the areas where the presence of S. halepense or S. bicolor subsp. drummondii is a
particular cross-pollination issue, the following shall apply
(a)
crops to produce basic seed of Sorghum bicolor subsp. bicolor or its hybrids must be
isolated not less than 800 m from any source of such contaminating pollen;
(b)
crops to produce certified seed of Sorghum bicolor subsp. bicolor or its hybrids must
be isolated not less than 400 m from any source of such contaminating pollen.
The minimum distances listed in the table above may be disregarded if there is
sufficient protection from any undesirable foreign pollination.
These distances can be disregarded if there is sufficient protection from any
undesirable foreign pollination.
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%.
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
Minimum
Crop
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
Crops to produce certified seed of hybrids of Avena nuda, Avena sativa,
Avena strigosa and self-pollinating xTriticosecale and crops to produce certified seed of
hybrids of Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum aestivum
subsp. spelta and Triticum turgidum subsp. durum, by means of a technique other than
Cytoplasmic Male Sterility (CMS)
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 other standards or conditions
(i)
the minimum varietal purity of each component shall be
-
Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare,
Triticum aestivum subsp. aestivum, Triticum turgidum subsp. durum and
Triticum aestivum subsp. spelta: 99,7%,
-
self-pollinating xTriticosecale: 99,0%;
(ii)
the minimum hybridity must be 95%. The percentage hybridity shall
be assessed in accordance with current international methods, in so far as such
methods exist. In cases where the hybridity is determined during seed testing
prior to certification, the determination of the hybridity during field inspection
need not be done.
2. Isolation distances
The crop shall conform to the following standards as regards distances from
neighbouring sources of pollen which may result in undesirable foreign pollination
-
the minimum distance of the female component shall be 25 m
from any other variety of the same species except from a crop of the male
component,
-
with the approval of the Directorate, this distance can be
disregarded if there is sufficient protection from any undesirable foreign
pollination.
3. Crops to produce basic and certified seed of hybrids of Hordeum vulgare
by means of the technique of CMS
(a)
The crop shall conform to the following standards as regards distances
from neighbouring sources of pollen which may result in undesirable foreign pollination
Minimum distance
For the production of basic seed
100m
For the production of certified seed
50m
(b)
The crop shall have sufficient varietal identity and purity as regards the
characteristics of the components.
In particular, the crop shall conform to the following standards
(i)
The percentage by number of plants which are obviously not being
true to type shall not exceed
-
for the crops used to produce basic seed, 0.1% for the
maintainer and the restorer line and 0.2% for the CMS female
component, and
-
for the crops used to produce certified seed, 0.3% for the
restorer and the CMS female component and 0.5% in case the
CMS female component is a single hybrid.
(ii)
The level of male sterility of the female component shall be at least
-
99.7% for crops used to produce basic seed, and
-
99.5% for crops used to produce certified seed.
(iii)
The requirements of points (i) and (ii) shall be examined in official
post-control test.
(c)
Certified seed may be produced in mixed cultivation of female male-sterile
component with a male component which restores fertility.
4. Crops to produce basic and certified seed of hybrids of Triticum aestivum
subsp. aestivum, Triticum aestivum subsp. spelta and Triticum turgidum subsp. durum by
means of CMS
(a)
The crop shall conform to the following standards as regards
distances from neighbouring sources of pollen, which may result in
undesirable foreign pollination
Crop
Minimum distance
For the CMS female component for the
300m
production of basic seed
For the production of certified seed
25m
SEEDS OF AGRICULTURAL PLANTS AND VEGETABLES
(b)
The crop shall have sufficient varietal identity and purity as regards
the characteristics of the components.
In particular, the crop shall conform to the following standards
(i)
The percentage by number of plants, which are obviously not
true to type, shall not exceed
— for the crops used to produce basic seed, 0.1% for the
maintainer and the restorer line and 0.3% for the CMS
female component, and
— for the crops used to produce certified seed, 0.3% for the
restorer and 0.6% for the CMS female component and
1% in case the CMS female component is a single
hybrid;
(ii)
The level of male sterility of the female component shall be at
least
— 99.7% for crops used to produce basic seed, and
— 99% for crops used to produce certified seed;
(iii)
The conformity with the requirements of points (i) and (ii)
shall be examined by official post-control test.
(c)
Certified seed may be produced in mixed cultivation of a female
male-sterile component with a male component, which restores
fertility.
The Directorate shall report by 28 February of each year to the Commission and
the other Member States the results of the preceding year concerning the quantity of
produced hybrid seeds, compliance of the field inspections with the respective
requirements, the percentage of seed lots, which have been rejected due to insufficient
quality parameters, and any further information justifying that rejection This reporting
obligation shall be applicable until 28 February 2030.
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
(a)
The crop shall be practically free from any pests which reduce the
usefulness and quality of the seed.
The crop shall also comply with the requirements concerning Union quarantine
pests, protected zone quarantine pests and regulated non-quarantine pests ("RNQPs")
provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031 as
well as the measures adopted pursuant to Article 30(1) of that Regulation;
(b)
The presence of RNQPs on the crop and the respective categories
shall comply with the following requirements as set out in table 1.8
below
Table 1.8
Plants for
Thresholds
Thresholds
Thresholds
RNQPs or symptoms
planting
for the
for the
for the
caused by RNQPs
(genus or
production of
production of
production of
species)
pre-basic seed
basic seed
certified seed
0%
0%
0%
Clavibactermichiganensis
Medicago
ssp. insidiosus
sativa L.
(McCulloch 1925) Davis
et al. [CORBIN]
0%
0%
0%
Ditylenchus dipsaci
Medicago
(Kuehn) Filipjev
sativa L.
[DITYDI]
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.
In the case where, following the implementation of points 1. and 4., there is
still doubt as to the varietal identity of the seed, the certification authority may
use, for the examination of that identity, an internationally recognised and
reproducible biochemical or molecular technique, in accordance with the
applicable international standards.
5. Isolation distances
The crop shall conform to the following standards shown in Table 1.9 as
regards distances from neighbouring sources of pollen which may result in
undesirable foreign pollination.
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
for the production of seed intended for
200m
multiplication, fields up to two hectares
for the production of seed intended for
100m
multiplication, fields over two hectares
for the production of seed intended for the
production of fodder plants, fields up to two
100m
hectares
for the production of seed intended for the
production of fodder plants, fields over two
50m
hectares
With the approval of the Directorate, these distances can be disregarded if
there is adequate protection against undesirable pollen.
Seed Potatoes
Pre-basic seed potatoes
Minimum conditions for pre-basic seed potatoes
1. It has to be ensured that pre-basic seed potatoes satisfy the following
minimum conditions
(a)
they derive from mother plants which are free from the following
pests: Pectobacterium spp., Dickeya spp., Candidatus Liberibacter
solanacearum, Candidatus Phytoplasma solani, Potato spindle tuber
viroid, Potato leaf roll virus, Potato virus A, Potato virus M, Potato
virus S, Potato virus X, and Potato virus Y;
(b)
the number of growing plants not breeding true to the variety and the
number of plants of a different variety together, shall not exceed
0.01%;
(c)
the maximum number of field generations shall be four;
(d)
RNQPs, or symptoms caused by the respective RNQPs, shall not be
present above the thresholds on the pre-basic seed potatoes as set out
in tables 1.10 and 1.11 below
Table 1.10
Threshold for the presence of RNQPs
RNQPs or symptoms caused by
on the growing plants for pre-basic seed
RNQPs
potatoes
Blackleg (Dickeya Samson et al. spp.
0%
[1DICKG]; Pectobacterium Waldee emend.
Hauben et al. spp. [1PECBG])
Candidatus Liberibacter solanacearum
0%
Liefting et al. [LIBEPS]
Candidatus Phytoplasma solani Quaglino et
0%
al. [PHYPSO]
Mosaic symptoms caused by viruses and
0.1%
symptoms caused by Potato leaf roll virus
[PLRV00]
Potato spindle tuber viroid [PSTVD0]
0%
Table 1.11
Threshold for the presence of RNQPs
RNQPs or symptoms caused by
on the direct progeny of pre-basic
RNQPs
seed potatoes
Symptoms of virus infection
0.5%
2. It has to be provided that pre-basic seed potatoes may be marketed as
"Union grades PBTC" and "Union grade PB", in accordance with the conditions set out
in the Schedule.
3. Compliance with the requirements of points (b) and (d) of paragraph 1 shall
be established through official field inspections. In case of doubt, those inspections
shall be supplemented by official tests on leaves.
Where methods of micro-propagation are used, compliance with point (a) of
paragraph 1 shall be established by official testing, or testing under official supervision,
of the mother plant.
Where methods of clonal selection are used, compliance with point (a) of
paragraph 1 shall be established by official testing, or testing under official supervision,
of the clonal stock.
Minimum conditions to be satisfied by basic and certified seed potatoes
1. In the case of basic seed potatoes, the number of growing plants not
breeding true to the variety and the number of plants of a different variety shall,
together, not exceed 0.1% and in the direct progeny, shall, together, not exceed 0.25%.
2. In the case of certified seed potatoes, the number of plants not breeding true
to the variety and the number of plants of a different variety, shall, together, not exceed
0.5% and in the direct progeny, shall, together, not exceed 0.5%.
3. Seed potatoes shall comply with the following requirements concerning the
presence of regulated non-quarantine pests (RNQPs), or diseases caused by RNQPs,
and the respective categories, as set out in tables 1.12 and 1.13 below
Table 1.12
Threshold in the growing
Threshold in the growing
RNQPs or symptoms caused
plants for basic seed
plants for certified seed
by RNQPs
potatoes
potatoes
Blackleg (Dickeya Samson et
1.0%
4.0%
al. spp. [1DICKG];
Pectobacterium Waldee emend.
Hauben et al. spp. [1PECBG])
Candidatus Liberibacter
0%
0%
solanacearum Liefting et al.
[LIBEPS]
Candidatus Phytoplasma solani
0%
0%
Quaglino et al. [PHYPSO]
Mosaic symptoms caused by
0.8%
6.0%
viruses and symptoms caused
by Potato leaf roll virus
[PLRV00]
Potato spindle tuber viroid
0%
0%
[PSTVD0]
Table 1.13
Threshold in the direct
Threshold in the direct
RNQPs or symptoms caused
progeny of basic seed
progeny of certified seed
by RNQPs
potatoes
potatoes
Symptoms of virus infection
4.0%
10.0%
4. The maximum number of generations of basic seed potatoes shall be four,
and the combined generations of pre-basic seed potatoes in the field and basic seed
potatoes shall be seven.
The maximum number of generations of certified seed potatoes shall be two.
If the generation is not indicated on the official label, the seed potatoes concerned
shall be considered as belonging to the maximum generation that is permitted within
the respective category.
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
The crop shall be practically free from any pests which reduce the usefulness and
quality of the propagation material.
The crop shall also comply with the requirements concerning Union quarantine
pests, protected zone quarantine pests and regulated non-quarantine pests ("RNQPs")
provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as
well as with the measures adopted pursuant to Article 30(1) of that Regulation.
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.
4.a In the case where, following the implementation of points 1. and 4., there is
still doubt as to the varietal identity of the seed, the certification authority may use, for
the examination of that identity, an internationally recognised and reproducible
biochemical or molecular technique, in accordance with the applicable international
standards.
5. Isolated distances
The minimum distances from neighbouring plants which might result in
undesirable foreign pollination shall be the following
(a)
Beta vulgaris
(i)
From any pollen sources of the genus Beta not included in sub-
paragraphs (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 items (ii) and (iii) shall be
determined by the Directorate.
(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 Directorate, these distances can be disregarded if there is
adequate protection from any undesirable, foreign pollination.
Amended by:
(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, 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 Directorate" means the Directorate or Department
responsible for plant health and which is the national responsible
official body for the scope of these regulations;
"the Director" means the Director responsible for the
Directorate;
"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;
"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 Directorate 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;
"mother plant" means an identified plant from which material is
taken for propagation;
"micro-propagation" means the practice of rapidly multiplying
plant material to produce a large number of plants using culture in
vitro of differentiated vegetative buds or meristem taken from a plant;
"non-professional final user" means any person that introduces
or imports seeds of the genera and species and their hybrids listed in
Schedule I to these regulations, for their own use;
"official examination" means
(a)
an examination carried out by or on behalf of the
Directorate, 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 Directorate; or
(c)
in relation to seed produced elsewhere other than
in Malta, an examination approved by the Directorate;
"official label" means a label issued or authorised by the
Directorate;
"official measures" are measures taken by
(a)
the Directorate;
(b)
any legal person acting under the responsibility of
the Directorate; or
(c)
any natural person duly designated for that
purpose, in the case of ancillary activities, which are also
subject to the Directorate’s control
Provided that the persons mentioned under paragraphs
(b) and (c) derive no private gain from such measures;
"professional operator" means any person involved
professionally in one or more of the following activities concerning
seeds of the genera and species and their hybrids listed in Schedule I of
these regulations
(a)
production including multiplying;
(b)
introduction into and movement within the Union
territory;
(c)
making available on the market;
"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" means plants of the genera and species and all
hybrids of the species and groups listed in Table 1.5 of Schedule I,
intended for agricultural or horticultural production, but not for
ornamental uses.
(2)
The following definitions shall apply in respect of
cereals
"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, 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-
(a)
basic seed of open-pollinated varieties which
refers to seed that-
(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 sub-paragraphs (i), (ii) and (iii);
(b)
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 sub-paragraph (i);
(c)
basic seed of simple hybrids means seed that -
(i)
is intended for the production of double
hybrids, triple cross or top cross hybrids;
SEEDS OF AGRICULTURAL PLANTS AND VEGETABLES
(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 sub-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;
(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
SEEDS OF AGRICULTURAL PLANTS AND VEGETABLES
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
SEEDS OF AGRICULTURAL PLANTS AND VEGETABLES
(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.
L.N. 88 of 2020;
Conditions to be satisfied by the seeds
L.N. 331 of 2020;
L.N. 366 of 2021;
L.N. 127 of 2022;
L.N. 95 of 2025.
1. Agricultural plants
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
Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Triticum
aestivum subsp. aestivum, Triticum turgidum subsp. durum, Triticum aestivum subsp.
spelta other than hybrids in each case (Table 1.14)
Table 1.14
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 1.15)
Table 1.15
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 subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidum
subsp. durum and self-pollinating xTriticosecale
The minimum varietal purity of the seed of the category certified seed shall be
90%.
In case of Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum aestivum
subsp. spelta and Triticum turgidum subsp. durum produced by means of CMS, it shall
be 85%. Impurities other than the restorer shall not exceed 2%.
The minimum varietal purity shall be examined in official post-control test on an
appropriate proportion of samples.
The Directorate shall report by 28 February of each year to the Commission and
the other Member States the results of the preceding year concerning the quantity of
produced hybrid seeds of Triticum aestivum subsp. aestivum, Triticum aestivum subsp.
spelta and Triticum turgidum subsp. durum, and the percentage of seed lots which have
been rejected due to insufficient quality parameters, results of the post-control test and
any further information justifying that rejection. This reporting obligation shall be
applicable until 28 February 2030.
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.
Hybrids of Secale cereale and CMS-hybrids of Hordeum vulgare, Triticum
aestivum subsp. aestivum, Triticum aestivum subsp. spelta and Triticum
turgidum subsp. durum
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
(a)
The seed shall be practically free from any pests which reduce the
usefulness and quality of the seed.
The seed shall also comply with the requirements concerning Union quarantine
pests, protected zone quarantine pests and RNQPs provided for in implementing acts
adopted pursuant to Regulation (EU) 2016/2031, as well as the measures adopted
pursuant to Article 30(1) of that Regulation.
(b)
The presence of fungus bodies on the seeds and the respective
categories shall comply with the following requirements as set out in
table 1.16 below
Table 1.16
Maximum number of fungus bodies,
such as sclerotia, or ergots, in a sample
Category
of the weight specified in column 3 of
Table 1.17 of Schedule IV
Cereals other than hybrids of Secale
Basic seed
Certified seed
Hybrids of Secale cereale
Basic seed
Certified seed
4(*)
(*) The presence of five fungus bodies such as sclerotia or fragments of sclerotia, or ergots 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 no more than four fungus bodies.
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 1.17
Table 1.17
Maximum content by number of seeds of other plant
species in a sample of the weight specified in column 4 of
Table 1.32 of Schedule IV (total per column)
Minimum
Minimum
analytical
Avena
Species and
germinatio
Raphanus
purity
Other
Plant
fatua,
category
n (% of
Other
raphanistrum
(% by
plant
species
Avena
pure seed)
cereal
&
weight)
species
other than sterilis &
species
Agrostemma
(a)
cereals
Lolium
githago
temulentum
Avena sativa,
Avena strigosa,
Hordeum
vulgare,
Triticum
aestivum subsp.
aestivum,
Triticum
turgidum subsp.
durum, Triticum
aestivum subsp.
spelta.
- basic seed
1 (b)
0 (c)
- certified
85 (d)
0 (c)
seed 1st and 2nd
generations
Avena nuda
- basic seed
1 (b)
0 (c)
- certified
75 (d)
0 (c)
seed 1st and 2nd
generations
Phalaris
canariensis
- basic seed
1 (b)
-
0 (c)
-
- certified
-
0 (c)
-
seed
Secale cereale
- basic seed
1 (b)
0 (c)
- certified
0 (c)
seed
Sorghum spp.
-
-
-
-
1 (b)
0 (c)
80 (d)
0 (c)
seed 1st and 2nd
-
-
-
-
where (reference to Table 1.17)
(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, which is reduced to 75%
of pure seed in the case of Hordeum vulgare (naked barley). The official
label shall include the words "Minimum germination capacity 75%".
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 adequate varietal identity and purity.
2. (a)
The seed shall be practically free from any pests which reduce the
usefulness and quality of the seed.
The seed shall also comply with the requirements concerning Union quarantine
pests, protected zone quarantine pests and RNQPs provided for in implementing acts
adopted pursuant to Regulation (EU) 2016/2031, as well as the measures adopted
pursuant to Article 30(1) of that Regulation.
(b)
The presence of RNQPs on the seeds and the respective categories
shall comply with the following requirements as set out in table 1.18
below
Table 1.18
Plants for
RNQPs or symptoms
planting
Thresholds for
Thresholds for
Thresholds for
caused by RNQPs
(genus or
pre-basic seed
basic seed
certified seed
species)
0%
0%
0%
Clavibacter
Medicago
michiganensis ssp.
sativa L.
insidiosus (McCulloch
1925) Davis et al.
[CORBIN]
0%
0%
0%
Ditylenchus dipsaci
Medicago
(Kuehn) Filipjev
sativa L.
[DITYDI]
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%.
In the case of Trifolium subterraneum and Medicago spp. except M. sativa, the
minimum varietal purity of seeds shall be
99.5% for the production of basic seed;
98% for the production of certified seed for further multiplication; and
95% for the production of certified seed.
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 1.19
Table 1.19
Species
Maximum content of seeds of other plant species
Other
standards
Content by number in a sample of the weight specified
or
in column 4 of Table 1.33 of Schedule IV Section II
conditions
(total per column)
Total
A single Rumex
Elymus Alopecurus Melilotus
(% by
species spp. other repens myosuroide
spp.
weight)
than
s
Rumex
acetosella
& Rumex
maritimus
Poaceae (Gramineae)
0.3
(f)
Agrostis
canina
0.3
(f)
Agrostis
capillaris
0.3
(f)
Agrostis
gigantea
0.3
(f)
Agrostis
stolonifera
0.3
20(a)
(f)
Cynodon
dactylon
0.3
20(a)
(f)
Festuca
filiformis
0.3
20(a)
(f)
Festuca
ovina
0.3
20(a)
(f)
Festuca
pratensis
0.3
20(a)
(f)
Festuca
rubra
0.3
20(a)
(f)
Festuca
trachyphylla
0.3
20(a)
(f)
Lolium
multiflorum
0.3
20(a)
(f)
Lolium
perenne
0.3
20(b)
(e) (f)
Poa pratensis
Fabaceae (Leguminosae)
0.3
Biserrula
pelecinus
0.3
0(d)
(f)
Galega
orientalis
0.3
0(d)
(f)
Hedysarum
coronarium
0.3
-
-
0(c)
Lathyrus
cicera
0.3
-
-
0(d)
Medicago
doliata
0.3
-
-
0(d)
Medicago
italica
0.3
-
-
0(d)
Medicago
littoralis
0.3
-
-
0(d)
Medicago
murex
0.3
-
-
-
Medicago
polymorpha
0.3
-
-
-
Medicago
rugosa
0.3
0(d)
(f)
Medicago
sativa
0.3
Medicago
scutellata
0.3
Medicago
truncatula
0.3
Ornithopus
compressus
0.3
Ornithopus
sativus
0.3
0(c)
Pisum
sativum
0.3
0(d)
(f)
Trifolium
alexandrinum
0.3
Trifolium
fragiferum
0.3
Trifolium
glanduliferu
m
0.3
Trifolium
hirtum
0.3
-
-
-
(f)
Trifolium
isthmocarpu
m
0.3
-
-
-
-
Trifolium
michelianum
0.3
0(d)
(f)
Trifolium
pratense
0.3
-
-
-
-
Trifolium
squarrosum
0.3
-
-
-
(f)
Trifolium
subterraneum
0.3
-
-
-
(f)
Trifolium
vesiculosum
0.3
-
-
0(c)
-
Vicia
benghalensis
0.3
0(c)
Vicia faba
0.3
0(c)
(g)
Vicia sativa
Other species
0.3
(f)
Brassica
oleracea
convar.
acephala
0.3
Plantago
lanceolata
where (reference to Table 1.19)
(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 1.20 of this Schedule is not
applicable;
(f)
states that the conditions (e) and (g) laid down in Table 1.21 of this
Schedule are not applicable;
(g)
states that the condition (i) laid down in Table 1.20 of this Schedule is not
applicable.
Certified seed
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
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 1.20 and 1.21
Table 1.20
Germin-
Analytical
ation
purity
Minimum Maximum Minimum Maximum content of seeds of other plant species
(% of weight)
Species
germinati content of analytical
on (% of hard seed purity (%
Raphanus
A single Elymus
Sinapis
pure
(% of pure
by
Total
raphanist
species
repens
arvensis
seed)
seed)
weight)
rum
Poaceae (Gramineae)
75(a)
2.0
1.0
0.3
Agrostis
canina
75(a)
2.0
1.0
0.3
Agrostis
capillaris
80(a)
2.0
1.0
0.3
Agrostis
gigantea
75(a)
2.0
1.0
0.3
Agrostis
stolonifera
70(a)
2.0
1.0
0.3
Cynodon
dactylon
75(a)
2.0
1.0
0.5
Festuca
filiformis
75(a)
2.0
1.0
0.5
Festuca ovina
80(a)
1.5
1.0
0.5
Festuca
pratensis
75(a)
1.5
1.0
0.5
Festuca rubra
75(a)
2.0
1.0
0.5
Festuca
trachyphylla
7 (a)
1.5
1.0
0.5
Lolium
multiflorum
80(a)
1.5
1.0
0.5
Lolium
perenne
75(a)
2.0 (c)
1.0 (c)
0.3
Poa pratensis
Fabaceae (Leguminosae)
0.5
Biserrula
pelecinus
60 (a) (b)
2.0
1.5
Galega
orientalis
75 (a) (b)
2.5
1.0
Hedysarum
coronarium
0.5
Lathyrus
cicera
Medicago
doliata
70(b)
Medicago
italica
Medicago
littoralis
70(b)
Medicago
murex
70(b)
Medicago
polymorpha
70(b)
Medicago
rugosa
80 (a) (b)
1.5
1.0
Medicago
sativa
Medicago
scutellata
70 (b)
Medicago
truncatula
Ornithopus
compressus
Ornithopus
sativus
80 (a)
0.5
0.3
Pisum
sativum
80 (a) (b)
1.5
1.0
Trifolium
alexandrinum
Trifolium
fragiferum
70 (b)
Trifolium
glanduliferum
Trifolium
hirtum
Trifolium
isthmocar-
pum
75 (b)
Trifolium
michelianum
80 (a) (b)
1.5
1.0
Trifolium
pratense
75 (b)
1.5
Trifolium
squarrosum
80 (b)
0.5
Trifolium
subterraneum
Trifolium
vesiculosum
80 (b)
97 (i)
Vicia
benghalensis
80 (a) (b)
0.5
0.3
Vicia faba
85 (a) (b)
1.0 (i)
0.5 (i)
Vicia sativa
Other species
75 (a)
1.0
0.5
0.3
Brassica
oleracea
convar.
acephala
(acephala var.
medullosa +
var. viridis)
1.5
Plantago
lanceolata
Table 1.21
Species
Analytical
Maximum
purity
content of
seed of other
plant species
in a sample of
the weight
specified in
column 4 of
Table 1.33 of
Schedule IV
(total per
column)
Maximum content of seeds of
Rumex spp.
other plant species
other than
(% by weight)
Avena fatua &
Rumex
Cuscuta spp.
acetosella &
Avena sterilis
Alopecurus
Melilotus spp.
Rumex
myosuroides
maritimus
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 (j)
0 (d) (e)
Biserrula
pelecinus
0.3
0 (f) (g)
10 (i)
Galega
orientalis
0.3
0 (e)
Hedysarum
coronarium
0.3
0 (j)
0 (d) (e)
Lathyrus
cicera
0 (j)
0 (d) (e)
Medicago
doliata
0 (j)
0 (d) (e)
Medicago
italica
0 (j)
0 (d )(e)
Medicago
littoralis
0 (j)
0 (d) (e)
Medicago
murex
0 (j)
0 (d) (e)
Medicago
polmorpha
0 (j)
0 (d) (e)
Medicago
rugosa
0.3
0 (f) (g)
Medicago
sativa
0 (j)
0 (d) (e)
Medicago
scutellata
0 (j)
0 (d) (e)
Medicago
truncatula
0 (j)
0 (d) (e)
Ornithopus
compressus
0 (j)
0 (d) (e)
Ornithopus
sativus
0.3
0 (d)
5 (h)
Pisum sativum
0.3
0 (f) (g)
Trifolium
alexandrinum
0 (j)
0 (d) (e)
Trifolium
fragiferum
0 (j)
0 (d) (e)
Trifolium
glanduliferum
0 (j)
0 (d) (e)
Trifolium
hirtum
0 (j)
0 (d) (e)
Trifolium
isthmocarpum
0 (j)
0 (d) (e)
0.3
0 (f) (g)
0.3
0 (f) (g)
0 (j)
0 (d) (e)
0 (j)
0 (d) (e)
0 (j)
0 (d) (e)
0.3
0 (d)
5 (h)
0.3
0 (j)
0 (d)
5 (h)
0 (d) (e)
0 (j)
0 (d) (e)
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 seed 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 1.33 of Schedule IV for the relevant 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
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 and Vicia spp. 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 1.21 have been satisfied.
Commercial Seed
Subject to the provisions below, the conditions laid down in Tables 1.20 and
1.21 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
1.20 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 Vicia spp., a maximum total of 6% by weight of seeds of Vicia
pannonica, Vicia villosa, Vicia benghalensis or related cultivated
species in another relevant species shall not be regarded as an
impurity.
In Vicia sativa and Vicia benghalensis the minimum analytical
purity shall be 97% by weight.
For Lathyrus cicera, the minimum analytical purity shall be 90% by the
weight. A maximum total of 5% by weight of seeds of similar cultivated
species shall not be regarded as an impurity.
Seed Potatoes
Pre-basic seed potatoes
Minimum conditions for lots of pre-basic seed potatoes
It has to be provided that lots of pre-basic seed potatoes shall satisfy the following
minimum conditions
(a)
presence of earth and extraneous matter shall not exceed 1.0% by
mass;
(b)
the number of potatoes affected by rots, other than ring rot or brown
rot, shall not be present in a quantity exceeding 0.2% by mass;
(c)
the number of potatoes with external blemishes, including misshapen
or damaged tubers, shall not exceed 3.0% by mass;
(d)
the number of potatoes affected by common scab over more than one
third of their surface shall not exceed 5.0% by mass;
(e)
shrivelled tubers due to excessive dehydration or dehydration caused
by silver scurf shall not exceed 0.5% by mass;
(f)
lots of pre-basic seed potatoes shall comply with the following
requirements concerning the presence of RNQPs, or diseases caused
by the respective RNQPs as set out in table 1.22 below
Table 1.22
RNQPs or symptoms
Threshold for the presence of RNQPs
caused by RNQPs
on the lots of pre-basic seed potato
Candidatus Liberibacter solanacearum
0%
Liefting et al. [LIBEPS]
Ditylenchus destructor Thorne [DITYDE]
0%
Black scurf affecting tubers over more
than 10% of their surface as caused by
1.0%
Thanatephorus cucumeris (A.B. Frank)
Donk [RHIZSO]
Powdery scab affecting tubers over more
than 10% of their surface as caused by
Spongospora subterranea (Wallr.)
Lagerh. [SPONSU]
1.0%
(g)
the total number of potatoes, as referred to in points (b) to (f), shall
not exceed 6.0% by mass.
Basic and certified seed
Minimum quality conditions for lots of basic and certified seed potatoes
The following tolerances for impurities, blemishes and RNQPs, or symptoms
caused by RNQPs, are allowed for seed potatoes
(1)
presence of earth and extraneous matter: 1.0% by mass for basic seed
potatoes and 2.0% by mass for certified seed potatoes;
(2)
dry and wet rot combined, except if caused by Synchytrium endobioticum,
Clavibactermichiganensis ssp. sepedonicus or Ralstonia solanacearum: 0.5% by mass,
of which wet rot 0.2% by mass;
(3)
external blemishes, e.g. misshapen or damaged tubers: 3.0% by mass;
(4)
common scab affecting tubers over more than one third of their surface
5.0% by mass;
(5)
shrivelled tubers due to excessive dehydration or dehydration caused by
silver scurf: 1.0% by mass;
(6)
RNQPs, or symptoms caused by RNQPs, on lots of seed potatoesas set out
in table 1.23 below
Table 1.23
Threshold of the
Threshold of the
RNQPs or symptoms
presence of the RNQPs
presence of the RNQPs
caused by RNQPs
on basic seed potatoes by
on certified seed
mass
potatoes by mass
Candidatus Liberibacter
solanacearum Liefting et
0%
0%
Ditylenchus destructor
Thorne [DITYDE]
0%
0%
Black scurf affecting
tubers over more than
10% of their surface as
caused by Thanatephorus
cucumeris (A.B. Frank)
Donk [RHIZSO]
5.0%
5.0%
Powdery scab affecting
tubers over more than
10% of their surface as
caused by Spongospora
subterranea (Wallr.)
Lagerh. [SPONSU]
3.0%
3.0%
(7)
total tolerance for items 2 to 6: 6.0% by mass for basic seed potatoes, and
8.0% by mass for certified seed potatoes.
Conditions for placing on the market of pre-basic seed potatoes as "Union
grades PBTC and PB"
(1)
The conditions for pre-basic seed potatoes of Union grade PBTC shall be as
(a)
conditions concerning seed potatoes
(i)
plants not breeding true to the variety, or plants of a different
variety, shall not be present in the crop;
(ii)
plants, including tubers, are produced through micro-
propagation;
(iii)
plants, including tubers, are produced in a protected facility
and in a growing medium which is free from pests;
(iv)
tubers shall not be multiplied beyond the first generation;
(v)
plants shall comply with the following thresholds concerning
the presence of RNQPs, or symptoms caused by the respective
RNQP, as set out in tables 1.24and 1.25 below
RNQPs or symptoms caused by RNQPs
Threshold for the presence of RNQPs on the
growing plants for pre-basic seed potatoes
of Union grade PBTC
Blackleg (Dickeya Samson et al. spp.
[1DICKG]; Pectobacterium Waldee emend.
Hauben et al. spp. [1PECBG])
0%
Candidatus Liberibacter solanacearum Liefting
0%
Candidatus Phytoplasma solani Quaglino et al.
0%
Mosaic symptoms caused by viruses
And symptoms caused by Potato leaf roll virus
0%
Potato spindle tuber viroid [PSTVD0]
0%
RNQPs or symptoms caused by RNQPs
Threshold for the presence of RNQPs on the
direct progeny of pre-basic seed potatoes of
Union grade PBTC
Symptoms of virus infection
0%
(b)
conditions concerning lots
(i)
they shall be free from seed potatoes affected by rots;
(ii)
they shall be free from seed potatoes affected by common scab;
(iii)
they shall be free from seed potatoes excessively shrivelled
SEEDS OF AGRICULTURAL PLANTS AND VEGETABLES
due to dehydration;
(iv)
they shall be free from seed potatoes with external blemishes,
including misshapen or damaged tubers;
(v)
lots of pre-basic seed potatoes shall comply with the following
thresholds concerning the presence of RNQPs, or symptoms
caused by the respective RNQPs as set out in table 1.26 below
Threshold for the presence of RNQPs on the
RNQPs or symptoms caused by RNQPs
lots of pre-basic seed potatoes of Union
grade PBTC by mass
Candidatus Liberibacter solanacearum
0%
Ditylenchus destructor Thorne [DITYDE]
0%
Thanatephoruscucumeris (A.B. Frank) Donk
0%
Powdery scab as caused by
Spongosporasubterranea (Wallr.) Lagerh.
0%
(2)
The conditions for pre-basic seed potatoes of Union grade PB shall be as
(a)
conditions concerning seed potatoes
(i)
the number of plants not breeding true to the variety and the
number of plants of a different variety together, shall not
exceed 0.01%;
(ii)
plants shall comply with the following thresholds concerning
the presence of RNQPs, or symptoms caused by the respective
RNQPs, as set out in tables 1.27 and 1.28 below
RNQPs or symptoms caused by RNQPs
Threshold for the presence of RNQPs on the
growing plants for pre-basic seed potatoes of
Union grade PB
Blackleg (Dickeya Samson et al. spp.
[1DICKG]; Pectobacterium Waldee emend.
Hauben et al. spp. [1PECBG])
0%
Candidatus Liberibacter solanacearum
0%
Candidatus phytoplasma solani Quaglino et al.
0%
Mosaic symptoms caused by viruses and
symptoms caused by Potato leaf roll virus
0.1%
Potato spindle tuber viroid [PSTVD0]
0%
Threshold for the presence of RNQPs on the
RNQPs or symptoms caused by RNQPs
direct progeny of pre-basic seed potatoes of
Union grade PB
Symptoms of virus infection
0.5%
(b)
tolerances applicable to lots, as regards the following impurities,
blemishes and diseases
(i)
seed potatoes affected by rots, other than ring rot or brown rot,
shall not exceed 0.2% by mass;
(ii)
seed potatoes affected by common scab over more than one
third of their surface, shall not exceed 5.0% by mass;
(iii)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf, shall not exceed 0.5% by mass;
(iv)
seed potatoes with external blemishes, including misshapen or
damaged tubers, shall not exceed 3.0% by mass;
(v)
the presence of earth and extraneous matter shall not exceed
1.0% by mass;
(vi)
lots of pre-basic seed potatoes shall comply with the following
thresholds concerning the presence of RNQPs, or symptoms
caused by the respective RNQPs as set out in table 1.29 below
RNQPs or symptoms caused by RNQPs
Threshold for the presence of RNQPs on the
lots of pre-basic seed potatoes of Union
grade PB by mass
Candidatus Liberibacter solanacearum
0%
Ditylenchus destructor Thorne [DITYDE]
0%
Black scurf affecting tubers over more than
10% of their surface as caused by
Thanatephorus cucumeris (A.B. Frank) Donk
1.0%
Powdery scab affecting tubers over more than
10% of their surface as caused by Spongospora
subterranea (Wallr.) Lagerh. [SPONSU]
1.0%
(vii) the total percentage of seed potatoes covered by tolerances, as referred to in
points (i) to (iv) and (vi), shall not exceed 6.0% by mass.
Conditions for placing on the market of certified seed potatoes as "Union
grades A and B"
1. The conditions for certified seed potatoes of "Union grade A" shall be as
(a)
Conditions concerning seed potatoes
(i)
the number of plants not breeding true to the variety and the
number of plants of a different variety shall, together, not exceed
0.2%;
(ii)
the number of growing plants affected by blackleg shall not
exceed 2.0%;
(iii)
in the direct progeny the number of plants with symptoms of
virus infection shall not exceed 8.0%; and
(iv)
the number of growing plants with mosaic symptoms or
symptoms caused by leaf roll virus shall not exceed 2.0%.
(b)
Tolerances applicable to lots, as regards the following impurities,
blemishes and diseases
(i)
seed potatoes affected by rots, other than ring rot or brown rot,
shall not exceed 0.5% by mass, of which seed potatoes affected
by wet rot shall not exceed 0.2% by mass;
(ii)
seed potatoes affected by black scurf over more than 10% of
their surface shall not exceed 5.0% by mass;
(iii)
seed potatoes affected by common scab over more than one third
of their surface shall not exceed 5.0% by mass;
(iv)
seed potatoes affected by powdery scab over more than 10% of
their surface shall not exceed 3.0% by mass;
(v)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf shall not exceed 1.0% by mass;
(vi)
seed potatoes with external blemishes, including misshapen or
damaged tubers, shall not exceed 3.0% by mass;
(vii)
presence of earth and extraneous matter shall not exceed 2.0%
by mass; and
(viii)
the total percentage of seed potatoes covered by tolerances, as
referred to in points (i) to (vi), shall not exceed 8.0% by mass.
2. The conditions for certified seed potatoes of "Union grade B" shall be as
(a)
Conditions concerning seed potatoes
(i)
the number of plants not breeding true to the variety and the
number of plants of a different variety shall, together, not exceed
0.5%;
(ii)
the number of growing plants affected by blackleg shall not
exceed 4.0%;
(iii)
in the direct progeny the number of plants with symptoms of
virus infection shall not exceed 10.0%; and
(iv)
the number of growing plants with mosaic symptoms or
symptoms caused by leaf roll virus shall not exceed 6.0%.
(b)
Tolerances applicable to lots, as regards the following impurities,
blemishes and diseases
(i)
seed potatoes affected by rots, other than ring rot or brown rot,
shall not exceed 0.5% by mass, of which seed potatoes affected
by wet rot shall not exceed 0.2% by mass;
(ii)
seed potatoes affected by black scurf over more than 10% of
their surface shall not exceed 5.0% by mass;
(iii)
seed potatoes affected by common scab over more than one third
of their surface shall not exceed 5.0% by mass;
(iv)
seed potatoes affected by powdery scab over more than 10% of
their surface shall not exceed 3.0% by mass;
(v)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf shall not exceed 1.0% by mass;
(vi)
seed potatoes with external blemishes, including misshapen or
damaged tubers, shall not exceed 3.0% by mass;
(vii)
presence of earth and extraneous matter shall not exceed 2.0%
by mass; and
(viii)
the total percentage of seed potatoes covered by tolerances, as
referred to in points (i) to (vi), shall not exceed 8.0% by mass.
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
(a)
The seed shall be practically free from any pests which reduce the
usefulness and quality of the seed.
The seed shall also comply with the requirements concerning Union quarantine
pests, protected zone quarantine pests and RNQPs provided for in implementing acts
adopted pursuant to Regulation (EU) 2016/2031, as well as with the measures adopted
pursuant to Article 30(1) of that Regulation.
(b)
The presence of regulated non-quarantine pests (RNQPs) on
vegetable seed shall, at least upon visual inspection, not exceed the
respective thresholds set out in table 1.30 below
Bacteria
Threshold for the presence
RNQPs or symptoms caused
Genus or species of
of RNQPs on the vegetable
by RNQPs
vegetable seed
seed
Solanum lycopersicum L.
Clavibacter michiganensis
ssp. michiganensis (Smith)
Davis et al. [CORBMI]
0%
Xanthomonas axonopodis pv.
Phaseolus vulgaris L.
phaseoli (Smith) Vauterin et
0%
Capsicum annuum L.,
Xanthomonas euvesicatoria
Jones et al. [XANTEU]
Solanum lycopersicum L.
0%
Xanthomonasfuscans subsp.
Phaseolus vulgaris L.
fuscans Schaad et al.
0%
Xanthomonas gardneri (ex
Capsicum annuum L.,
Šutič 1957) Jones et al
Solanum lycopersicum L.
0%
Xanthomonas perforans Jones
Capsicum annuum L.,
Solanum lycopersicum L.
0%
Xanthomonas vesicatoria (ex
Capsicum annuum L.,
Doidge) Vauterin et al.
Solanum lycopersicum L.
[XANTVE]
0%
Insects and mites
Threshold for the presence
RNQPs or symptoms caused
Genus or species of
of RNQPs on the vegetable
by RNQPs
vegetable seed
seed
Phaseolus coccineus L.,
Acanthoscelides obtectus
(Say) [ACANOB]
Phaseolus vulgaris L.
0%
Bruchus pisorum (Linnaeus)
Pisum sativum L.
[BRCHPI]
0%
Bruchus rufimanus Boheman
Vicia faba L.
[BRCHRU]
0%
Nematodes
Threshold for the presence
RNQPs or symptoms caused
Genus or species of
of RNQPs on the vegetable
by RNQPs
vegetable seed
seed
Ditylenchus dipsaci (Kuehn)
Allium cepa L., Allium porrum
Filipjev [DITYDI]
L.
0%
Viruses, viroids, virus-like diseases and phytoplasmas
Threshold for the presence
RNQPs or symptoms caused
Genus or species of
of RNQPs on the vegetable
by RNQPs
vegetable seed
seed
Pepino mosaic virus
Solanum lycopersicum L.
[PEPMV0]
0%
Potato spindle tuber viroid
Capsicum annuum L.,
[PSTVD0]
Solanum lycopersicum L.
0%
Tomato brown rugose fruit
Capsicum annuum L., other
virus [ToBRFV]
than seeds belonging to a
variety known to be resistant
to ToBRFV. Solanum
lycopersicum L. and hybrids
thereof
0%
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.
3. Standards or conditions to be met by the seeds
The seeds shall satisfy the standards or conditions shown in Table 1.31.
Table 1.31
Maximum content of
Minimum
Species
Minimum analytical seeds of other plant
germination (%
purity (% by weight)
species (% by
clusters of pure seed)
weight)
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
0.5
50 (clusters)
(Garden Beet Group)
Beta vulgaris
0.5
70 (clusters)
(other than Garden Beet
Group)
Brassica oleracea
1.0
(Cauliflower Group)
Brassica oleracea
1.0
(other than Cauliflower
Group)
Brassica rapa
1.0
(Chinese Cabbage Group)
1.0
Brassica rapa
(Vegetable Turnip Group)
0.5
Capsicum annuum
1.0
Cichorium endivia
Cichorium intybus
1.5
(Witloof Chicory Group,
Leaf Chicory Group)
Cichorium intybus
1.0
(Industrial (Root) 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
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 lycopersicum
0.5
Solanum melongena
1.0
Spinacia oleracea
1.0
Valerianella locusta
0.1
Vicia faba
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%.
Amended by:
(1)
Professional operators introducing seeds from
another EU Member State shall declare the introduction of seeds
forty-eight (48) hours prior to their arrival in Malta, through the
Supplementary Declaration System of Malta (Intrastat), of each lot
received by them.
(2)
The non-professional final users being supplied with
seeds from another EU Member State shall also inform the
Directorate by means of the EU Plant Notification Form (For General
Public) available on the Directorate’s website, forty-eight (48) hours
prior to the arrival of the seeds in Malta of each lot received by them.
(3)
The professional operators and the non-professional final
users being supplied with seeds from a third country shall also inform
the Directorate by means of the Third Countries Notification Form
available on the Directorate’s website forty-eight (48) hours prior to
the arrival, of the plant material in Malta of each lot received by them.
L.N. 88 of 2020.
[Regulation 10(4)]
(Sampling of seed lots
1. Agricultural plants
Cereals
The maximum weight of a seed lot and the minimum weight of a submitted
sample shall be as indicated in Table 1.32. The maximum lot weight shall not exceed that
indicated by more than 5%.
Table 1.32
Species
Maximum
Minimum
Weight of a
weight of a lot
weight of a
sample for
(tonnes)
sample to be
determination
drawn from a
by number
lot (grams)
provided for in
Table 1.16 &
columns 4 to 8 of
Table 1.17
(Schedule III)
(grams)
Avena nuda
Avena sativa
Avena strigosa
Hordeum vulgare
Triticum aestivum subsp.
aestivum
Triticum turgidum subsp.
durum
Triticum aestivum subsp.
spelta
x Triticosecale
Secale cereale
Phalaris canariensis
Sorghum bicolor (L.)
Moench subsp. bicolor
Sorghum bicolor (L.)
Moench
subsp.
drummondii (Steud.) de
Wet ex Davidse
Hybrids of Sorghum
bicolor (L.) Moench
subsp. bicolor x Sorghum
bicolor (L.) Moench
subsp.
drummondii
(Steud.) de Wet ex
Davidse
Zea mays, basic seed of
inbred lines
Zea mays, basic seed
other than inbred lines;
certified seed
II.
Fodder Plants
The table below (Table 1.33) 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 1.33
Species
Maximum
Minimum
Weight of the
weight of a
weight of a sample for the
seed lot
sample to be determination
(tonnes)
drawn from a
by number
lot (grams) provided for in
columns 3 to 7
of Table 1.19 &
columns 12 to
14 of Table
1.21 (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)
Biserrula pelecinus
Galega orientalis
Hedysarum coronarium
-
fruit
-
seed
Lathyrus cicera
Medicago doliata
Medicago italica
Medicago littoralis
Medicago murex
Medicago polymorpha
Medicago rugosa
Medicago sativa
Medicago scutellata
Medicago truncatula
Ornithopus compressus
Ornithopus sativus
Pisum sativum
Trifolium alexandrinum
Trifolium fargiferum
Trifolium glanduliferum
Trifolium hirtum
Trifolium isthmocarpum
Trifolium michelianum
Trifolium pratense
Trifolium squarrosum
Trifolium subterraneum
Trifolium vesiculosum
Vicia benghalensis
Vicia faba
Vicia sativa
Other species
Brassica oleracea convar. acephala
Plantago lanceolata
(*) the maximum lot weight may be increased to 25 tonnes if the supplier has been
authorised for this purpose by the competent authority.
2. Vegetables
A.
Maximum weight of a seed lot
Table 1.34 indicates the maximum weight of a seed lot that must not be exceeded
by more than 5%
Table 1.34
Category
Maximum lot weight
(tonnes)
Seeds of Phaseolus coccineus, Phaseolus vulgaris,
Pisum sativum and Vicia faba
Seeds of a size not less than that of 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 1.35)
Table 1.35
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 Chicory Group, Leaf Chicory Group)
Cichorium intybus
(Industrial (Root) Chicory Group)
Citrullus lanatus
Cucumis melo
Cucumis sativus
Cucurbita maxima
Cucurbita pepo
Cynara cardunculus
Daucus carota
Foeniculum vulgare
Lactuca sativa
Petroselinum crispum
Phaseolus coccineus
Phaseolus vulgaris
Pisum sativum
Raphanus sativus
Rheum rhabarbarum
Scorzonera hispanica
Solanum lycopersicum
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.
For cereals, fodder plants, potatoes and vegetables, only
varieties officially accepted by the Directorate may be marketed.
National catalogues of such varieties shall be established and such
catalogues may be consulted by any person.
[Regulation 13(1)]
Official labelling of seed packages
1. Agricultural plants
Cereals
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.
Basic and certified seed
(a)
Required information for the label
"EC rules and standards",
Certification authority and Member State or their distinguishing
abbreviations,
Officially assigned serial number,
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 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,
Officially assigned serial number,
Reference number of the lot,
Month and year of sealing expressed thus: "sealed …. (month and
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
(1) (a) Required information for the label
Authority responsible for field inspection and Member State or their
distinguishing abbreviations,
Officially assigned serial number,
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,
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.
(2)
Required information for the document
Authority issuing the document,
Officially assigned serial number,
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.
Fodder Plants
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.
(c)
The label shall be coloured white with a diagonal violet line.
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,
Officially assigned serial number,
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,
Officially assigned serial number,
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,
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,
Officially assigned serial number,
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
(1) (a) Required information for the label
Authority responsible for field inspection and Member State or their
distinguishing abbreviations,
Officially assigned serial number,
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) The label shall be coloured grey.
(2)
Information required for the document
Authority issuing the document,
Officially assigned serial number,
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.
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,
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.
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,
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
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured green.
Seed Potatoes
Pre-basic seed
(a)
Required information for the label
Certification authority and Member State or their distinguishing
abbreviations,
Officially assigned serial number,
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.
Basic and certified seed
(a)
Required information for the label
"EC rules and standards",
Certification authority and Member State or their distinguishing
abbreviations,
Officially assigned serial number,
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)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured white for basic seed and blue for certified seed.
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
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’ 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.
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,
Officially assigned serial number,
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
(1) (a) Required information for the label
Authority responsible for field inspection and Member State or their
distinguishing abbreviations,
Officially assigned serial number,
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.
(2) Required information for the document
Authority issuing the document,
Officially assigned serial number,
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,
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.
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
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.
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.
(1)
A variety of seeds of agricultural plants and
vegetables cannot be certified and marketed unless it is 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)
the seeds of which may be certified as either basic
seed or certified seed, or may be verified as standard seed; or
(b)
the seeds of which 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 EU Common Catalogue of
varieties of agricultural plant species or the EU Common Catalogue of
varieties of vegetable species, or if not listed in these Common
Catalogues, has been accepted or has been submitted for acceptance in
Malta or in another EU Member State, 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 EU 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.
SEEDS OF AGRICULTURAL PLANTS AND VEGETABLES
(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) 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 the seeds of which are to be marketed in
another EU 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 EU
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).
(b)
For the purpose of applying sub-regulation (6),
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)
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 EU 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 EU 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 EU
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 this sub-regulation 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 EU
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) 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 EU
Member States and the European Commission.
(1)
Seed of the categories indicated below, may not be
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-stalked
meadow grass, 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
Directorate 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 paragraph (a)(iii) 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
Directorate under the conditions set out in 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 Directorate 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.
SEEDS OF AGRICULTURAL PLANTS AND VEGETABLES
(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 Directorate.
(d)
The seed-testing laboratory’s performance of seed
testing shall be subject to appropriate supervision by the
Directorate.
(e)
For the purposes of the supervision referred to in
paragraph (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 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 Directorate shall take all the necessary
measures to ensure that it is supplied with the following particulars
during the marketing of quantities exceeding 2 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 Directorate.
(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
Directorate under the conditions set out in paragraphs (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 sub-paragraph (iii), a seed
SEEDS OF AGRICULTURAL PLANTS AND VEGETABLES
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 Directorate;
(d)
the performance of the seed samplers shall be
subject to proper supervision by the Directorate. 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-regulation (3)(a)
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 Directorate.
(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.
(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 Directorate 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
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 Directorate
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 resealed, 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, 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,
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 seeds of the categories
listed below do 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 Directorate may establish exceptions to the provisions of
sub-regulation (1) 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)
for 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 plant
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 Directorate 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 seeds of cereals, fodder
plants and vegetables rapidly available, notwithstanding 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 the 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
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
Directorate 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
regulation 7 have been subjected to any chemical treatment, this 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 Deliberate Release into the Environment of
Genetically Modified Organisms Regulations.
(1)
In order to remove any temporary difficulties,
which cannot be overcome in the general supply of seed of the
categories mentioned in regulation 7, the Directorate 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 EU 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 Directorate 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/she shall state for marketing
purposes on a special label bearing his/her name and address and the
reference number of the seed lot.
(1)
The Directorate 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 Schedule III for the same category are satisfied.
(1)
Seeds harvested in a third country must afford the
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.
(2)
The provisions contained in Council Decision 2003/17/
EC on the equivalence of field inspections carried out in third
countries on seed-producing crops and on the equivalence of seed
produced in third countries and in Council Decision 2005/834/EC on
the equivalence of checks on practices for the maintenance of varieties
carried out in certain third countries and amending Decision 2003/17/
EC shall apply in case of third countries referred to in such Decisions.
For purposes of certification, the maximum moisture
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 micro-propagation
techniques and which do not meet the size requirements of 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 Directorate 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 Directorate 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 have been 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 as in Seeds of
Agricultural Landraces and Varieties Regulations, Seeds of Vegetable
Landraces and Varieties Regulations and Fodder Plant Seed
Preservation Mixtures Regulations. These conditions 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
SEEDS OF AGRICULTURAL PLANTS AND VEGETABLES
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; and
(b)
appropriate quantitative restrictions.
Pre-basic seed potatoes may be marketed as "Union
grades PBTC" and "Union grade PB" in accordance with the
conditions set out in Schedule III.
(1)
Basic seed potatoes may be marketed as "Union
grade S" if they fulfil the following conditions
(a)
the potatoes have been found by official
inspection to fulfil the conditions as set out in point (1)(a) of
Schedule III; and
(b)
their lots have been found by official inspection to
fulfil the conditions, as set out in point (1)(b) of that Schedule.
(2)
Basic seed potatoes may be marketed as "Union grade
SE" if they fulfil the following conditions
(a)
the potatoes have been found by official
inspection to fulfil the conditions, as set out in point (2)(a) of
Schedule III; and
(b)
their lots have been found by official inspection to
fulfil the conditions, as set out in point (2)(b) of that Schedule.
(3)
Basic seed potatoes may be marketed as "Union grade E"
if they fulfil the following conditions
(a)
the potatoes have been found by official
inspection to fulfil the conditions, as set out in point 3(a) of
Schedule III; and
(b)
their lots have been found by official inspection to
fulfil the conditions, as set out in point (3)(b) of that Schedule.
(1)
Certified seed potatoes may be marketed as
"Union grade A" if they fulfil the following conditions
(a)
the potatoes have been found by official
inspection to fulfil the conditions, as set out in point (1)(a) of
Schedule III; and
(b)
their lots have been found by official inspection to
fulfil the conditions, as set out in point (1)(b) of that Schedule.
(2)
Certified seed potatoes may be marketed as "Union grade
B" if they fulfil the following conditions
(a)
the potatoes have been found by official
inspection to fulfil the conditions, as set out in point (2)(a) of
Schedule III; and
(b)
their lots have been found by official inspection to
fulfil the conditions, as set out in point (2)(b) of that Schedule.
Amended by: