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Decree Of September 25, 2015, Amending The Decree Of 15 September 1982 On The Marketing Of Seed Potatoes

Original Language Title: Arrêté du 25 septembre 2015 modifiant l'arrêté du 15 septembre 1982 relatif à la commercialisation des plants de pommes de terre

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Texts transposed

Directive 2013/63/EU of the Commission of 17 December 2013 amending annexes I and II of Council Directive 2002/56/EC with regard to the minimum requirements for seed potatoes and lots of seed potatoes Text of interest to EEA

Directive 2014/20/EU of 6 February 2014 defining the classes of the Union of Seed Potatoes and Certified Potatoes, as well as the conditions and names applicable to these classes

Commission Directive 2014/21/EU of 6 February 2014 defining EU minimum and class conditions for pre-base potatoes

Summary

Complete implementation of the 2013/63/EU Directive of the Commission of 17 December 2013 amending annexes I and II of Council Directive 2002/56/EC with regard to the minimum conditions to be met by seed potatoes and lots of seed potatoes. Text presenting interest to the EEA; of the 2014/20/EU Directive of 6 February 2014 defining the classes of the Union of Basic Seed Potatoes

Keywords

AGRICULTURE , EUROPEAN DIRECTIVE , COMPLETE TRANSPOSITION


JORF n°0232 of 7 October 2015 page 18187
text No. 29



Order of September 25, 2015 amending the Order of September 15, 1982 concerning the marketing of seed potatoes

NOR: AGRG1508827A ELI: https://www.legifrance.gouv.fr/eli/arrete/2015/9/25/AGRG1508827A/jo/texte


Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson, and Minister of Economy, Industry and Digital Affairs,
In light of Council Directive 2000/29/EC of 8 May 2000 on measures to protect against the introduction in the Community of pests to plants or plant products and their spread within the Community;
In view of Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes;
In light of Commission Directive 2008/62/EC of 20 June 2008 introducing certain exemptions for the admission of primitive breeds and agricultural varieties naturally adapted to local and regional conditions and threatened with genetic erosion, and for the marketing of seed and seed potatoes of these early breeds and varieties;
In light of the 2013/63/EU Directive of the Commission of 17 December 2013 amending annexes I and II of Council Directive 2002/56/EC with regard to the minimum requirements for seed potatoes and lots of seed potatoes;
In view of the Commission's 2014/20/EU Directive of 6 February 2014 defining the Union classes of seed potatoes and certified seed potatoes, as well as the conditions and names applicable to these classes;
Considering the Commission's Directive 2014/21/EU of 6 February 2014 defining the Union's minimum and class conditions for pre-base potatoes;
Considering the decision of 15 September 1982 on the marketing of seed potatoes;
Having regard to the Orders of 1 August 1989 and 17 July 1996 amending the Order of 15 September 1982 concerning the marketing of seed potatoes;
Having regard to the decision of 16 December 2008 on the approval of the Technical Regulation for the Examination of Conservation Varieties with a view to their inclusion in the Official Catalogue of Species and Varieties of Plants;
Having regard to the decision of 16 December 2008 concerning the approval of the Technical Regulation for the Production and Control of Seeds of Conservation Varieties;
Having regard to the decision of 7 January 2015 to approve the annexed technical regulation of seed potatoes,
Stop:

Article 1


The decision of September 15, 1982 on the marketing of seed potatoes is thus amended:
1° In section 2, the words: "submitted that" are replaced by the words: "marketed only if officially certified" and the words: "as defined in the above-mentioned technical regulations" are replaced by the words: "in accordance with the provisions set out in Appendix I. The first paragraph of this section does not apply to “preservation variations” as defined in the above-mentioned Directive 2008/62/EC. » ;
2° Section 3 is amended as follows:
(a) The words "Annex I" are replaced by the words "Annex II" and the words "Annex II" are replaced by the words "Annex III";
(b) A fourth preambular paragraph should read:
"The plants should not have been treated using products inhibiting the germination faculty. » ;
(c) At the end of the article, the following words are added:
"This provision does not apply to "preservation variations" as defined in the above-mentioned Directive 2008/62/EC. » ;
3° Section 6 is amended as follows:
(a) In the first paragraph, the words: "an official certificate" are replaced by the words: "an official label", and the words: "the latter" are replaced by the words: "this one";
(b) At the end of the first paragraph, the following words shall be inserted:
"in the conditions provided by the technical regulations referred to in section 2. » ;
(c) It is added a last paragraph as follows:
"The conditions of this article do not apply to “preservation variations” as defined in the above-mentioned Directive 2008/62/EC. » ;
4° Section 7 is amended as follows:
(a) In the eleventh paragraph, the words "official certificate" are replaced by the words "official label";
(b) It is added a last paragraph as follows:
"References c and f above do not apply to conservation varieties as defined in the above-mentioned Directive 2008/62/EC. »

Article 2


Annexes to the Order of September 15, 1982 relating to the marketing of seed potatoes are repealed and replaced by the following annexes:


“Annex I


"Sown potatoes marketed in pre-base seed, base seed and certified seed may, if applicable, be subdivided into classes.
"For plants produced in the national territory, classes are defined by the technical regulations referred to in Article 2.
"For plants produced in other EU Member States, classes may be subdivided into classes under the responsibility of the qualified service of the certifying country.
"In accordance with the 2014/20/EU and 2014/21/EU guidelines, plants can be marketed as EU classes. The classes of the Union must then correspond to the following categories:
“(a) The “Class of Union PBTC” and the “Class of Union PB” correspond to the class of prebase plants;
“(b) The “Class of Union S”, the “Class of Union SE” and the “Class of Union E” correspond to the category of base seed;
"(c) The “Class of Union A” and the “Class of Union B” correspond to the category of certified plants.


“Annex II


"The seed potatoes marketed must meet the following conditions, with the exception of plants produced in the national territory, excluding conservation varieties, which must meet the conditions as defined by the technical regulations referred to in section 2.
"The plants of conservation varieties, including products in the national territory, must meet the following minimum requirements of certified plants.


"Maximum tolerances by weight of defects and parasites


“(a) Land and foreign bodies.
« 1 p. 100 of the mass for pre-base and base seedlings.
« 2 p. 100 mass for certified plants;
“(b) External defects such as difform tubers, injured.
« 3 p. 100 of the mass, with the exception of PBTC Union prebase seedlings, which must not present external defects, including deformed or damaged tubers;
"(c) Dry rot and wet rot.
0.2 p. 100 of the mass for pre-base plants, with the exception of PBTC Union class pre-base plants, which must be free of them.
« 0.5 p. 100 of the mass for base seed and certified seed, of which seed potatoes with wet rot do not exceed 0.2 per cent;
"(d) Common slab; tubers reached on a surface equal to or greater than one third.
« 5. 5 p. 100, with the exception of PBTC Union pre-base seedlings, which must be free of them;
“e) Rhizoctone brown affecting tubers on a surface above 10%.
« 1 p. 100 of the mass for pre-base plants, with the exception of PBTC Union class pre-base plants, which must be free of them.
« 5 p. 100 of the mass for seed and certified seed;
“(f) Gunshot.
« 1 p. 100 of the mass of tubers affected on a surface greater than 10% for pre-base plants, with the exception of PBTC Union class pre-base plants, which must be free of them.
« 3 p. 100 of the mass of tubers affected on a surface greater than 10% for base seedlings and certified seedlings;
“(g) Flushed tubers as a result of excessive dehydration or dehydration caused by the silver gale.
« 0.5 p. 100 of the mass for pre-base plants, with the exception of the PBTC Union class pre-base plants, which should not have excessive dehydration due to dehydration,
« 1 p. 100 of the mass for seed and certified seed.
"The allowed tolerances of defects taken under points b to g are, to the maximum, to:
"6 per cent for pre-base and base seedlings.
"8 percent for certified plants.


“Annex III


"(a) Minimal caliber.
"25 mm, that is, the tubers should not pass through a square mesh with 25 mm on the side;
“(b) Maximum calibre.
"It shall not exceed 25 mm between the largest and the smallest tubers contained in the same packaging.
"The upper and lower limits of the size categories for tubers 35 mm and more shall be divisible by 5;
“(c) Size tolerances.
"The same lot shall not contain more than 3 per cent by weight of tubers of a lower caliber and tubers of a size greater than those indicated. »

Article 3


The provisions of this Order shall apply effective 1 January 2016.

Article 4


The Director General of Food and the Director General of Competition, Consumer Affairs and the Suppression of Frauds are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on September 25, 2015.


Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,

For the Minister and by delegation:

The food director,

P. Dehaumont


Minister of Economy, Industry and Digital,

For the Minister and by delegation:

By preventing the Director General of Competition, Consumption and Suppression of Frauds:

The Deputy Director,

J.-L. Gérard


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