Regulation on the placing on the market of seed of conservation mixtures (conservation mixing ordinance)

Unofficial table of contents

ErMiV

Date of completion: 06.12.2011

Full quote:

" Conservation mixing regulation of 6 December 2011 (BGBl. 2641), as last amended by Article 4 of the Regulation of 6 January 2014 (BGBl I). 26) has been amended "

Status:

Last amended by Art. 4 V v. 6.1.2014 I 26

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 15.12.2011 + + +) 

  

The V was adopted as Article 1 of V v. 6.12.2011 I 2641 by the Federal Ministry of Food, Agriculture and Consumer Protection with the consent of the Federal Council. She's gem. Art. 3 of this V entered into force on 15.12.2011. Unofficial table of contents

§ 1 Scope

The Regulation shall apply to the placing on the market of seed of conservation mixtures which, in addition to species not listed in the list of species to be used for the seed transport law, also seed the seed of the Annex to the Regulation on the List of species listed in the Seed Transport Act. The Regulation does not apply to mulch, green cut, madgut and diaspora-containing soil. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:

1.

Conservation mixture:

a mixture of seeds of different genera, species and subspecies, which contributes to the conservation of the natural environment in the conservation of plant genetic resources and as a

a)

directly harvested mixture, or,

b)

Built mix

is placed on the market;

2.

Directly harvested mixture:

a mixture of seed which is placed on the market, as harvested, cleaned or uncleaned at the place of removal;

3.

Built-in mix:

a mixture of seeds, the individual species of which are harvested at the place of removal, in the production area in which the area of origin allocated to the place of removal is situated, more and more separated by species, and in a composition intended for the type of habitat on the the place of withdrawal is typical, or that of a natural plant society, as it would occur under the conditions at the place of destination, has been mixed;

4.

Source Area:

an area,

a)

the provisions of Article 4 (4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. OJ L 206, 22.7.1992, p. 7), or

b)

which contributes to the conservation of plant genetic resources and has been designated in accordance with characteristics comparable to those referred to in Article 4 (4) in conjunction with Article 1 (k) and (l) of Directive 92 /43/EEC, and which shall apply to one of the following Articles: and 11 of Directive 92/43/EEC shall be managed, protected and supervised, including legally protected biotopes within the meaning of Section 30 of the German Federal Nature Protection Act;

5.

Pick-off location:

the part of a source area situated in an area of origin, in which:

a)

is taken from a directly harvested mixture,

b)

The initial seed is collected for a grown mixture;

6.

Area of origin:

an area designated as such in the Appendix, the boundaries of which are the corresponding source areas and places of withdrawal, which is borderable in relation to other areas according to natural criteria and in which the conservation mixture is placed on the market may be brought;

7.

Production space:

the area associated with an area of origin or a number of originating areas in which the propagation areas of an established mixture are located, the place of removal of which is situated in a source of origin allocated to that production area.

Unofficial table of contents

Section 3 Application for authorisation of placing on the market of a conservation mix

(1) Those who wish to place conservation mixtures on the market shall be authorised to do so. This should be requested from the competent authority before being placed on the market for the first time. The application shall be made with the name, address and telecommunications data. (2) Instead of the data provided for in Article 1 (1) (9) of the Seed Regulation in the case of the manufacture of seed mixtures, the application shall be made available to the Applicants for inspection by the competent authority to produce the following records and to keep them for six years:

1.

the indication of whether it is a directly harvested or a grown mixture;

2.

the maintenance mix number referred to in paragraph 3 and the quantity of seed placed on the market by the respective conservation mixture,

3.

the percentage composition (% by weight) of the mixture,

4.

in the case of mixed mixtures, where the seed of the plant species listed in point 1.2 of the Annex to the Regulation on the list of species to be used for the seed transport act meets the requirements for the germination of commercial seed referred to in point III of Annex II Council Directive 66 /401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ L 103, 25.4.1966, p. 2298), as amended, does not comply with the current version, the germination capacity,

5.

the area of origin,

6.

the source area,

7.

the place of withdrawal, the nature of the habitat at the place of withdrawal and the year of withdrawal;

8.

in addition to the production space and the location of the propagation areas of the individual species for a built-up mix.

In the case of point 3 of the sentence, it is sufficient to indicate in the case of direct-harvested mixtures the species or subspecies which are typical of the mixture for the habitat at the place of withdrawal. (3) The manufacturer of the conservation mix shall supply each of the species or subspecies for each of the mixtures. Mixture a maintenance mixing number, on the basis of which the conservation mixture can be clearly identified. Unofficial table of contents

§ 4 Requirements for seed of conservation mixtures

(1) Seeds of conservation mixtures may be placed on the market only within the area of origin in which the place of removal of the conservation mixture is located, if:

1.

an authorisation has been granted in accordance with Article 3 (1);

2.

no seed has been sown for at least 40 years prior to the application for the marketing authorisation in accordance with Article 3 (1) of the conservation mixture, unless it is a seed of a conservation mixture according to the measure of this Regulation,

3.

a directly harvested mixture

a)

in terms of the percentage composition (% by weight) and the germination of its constituent parts, it is appropriate to restore the nature of the place of living of the place of withdrawal in another place,

b)

not more than 1% by weight of species or subspecies which do not meet the requirements for the percentage composition referred to in point (a); and

c)

no seed of Ambrosia artemisiifolia, Avena fatua, Avena sterilis, Bunias orientalis, Heracleum mantegazzianum and Cuscuta spp., except for Cuscuta species naturally occurring in Germany, and not more than 0.05% by weight of seed of Rumex spp., other than Rumex acetosa and Rumex acetosella,

4.

in the case of an assembled mixture,

a)

it contains species or subspecies which are typical of the nature of the habitat at the place of withdrawal and of importance for the conservation of the natural environment in the context of the conservation of genetic resources,

b)

the seed of the species covered by Directive 66 /401/EEC, the requirements for the commercial seed referred to in Annex II, Section III, in conjunction with columns 4 to 15 of the table in Section I, point 2 (A) of Annex II to the Directive 66 /401/EEC,

c)

the multiplication of the respective components of the mixture has not been carried out over more than five generations,

5.

the Bundessortenamt shall be assigned a seed quantity in accordance with § 6 to the person who places the seed on the market at the first trade level.

In the case of sentence 1 (4) (c), the propagation shall be permitted even if a propagating surface is located directly on the boundary of two adjacent production spaces and extends into the adjacent production area. (2) In addition, seed of conservation mixtures or their components may be placed on the market by 1 March 2020 in the areas of origin directly adjacent to the area of origin of the respective conservation mixture, provided that: individual components of a originating country from these adjacent areas of origin The conservation mix of seed is not available in sufficient quantity and seed of other species from the neighbouring areas of origin concerned is not considered to be a substitute. Unofficial table of contents

§ 5 Monitoring by visual inspection and testing

The competent authority shall monitor compliance with the requirements referred to in

1.

Section 4 (3), by means of visual inspection at the place of removal,

2.

Section 4 (4) (a) and (b) by examining seed samples taken from the ingredients of seed mixtures to be placed on the market or from the seed mixtures prepared and packaged for placing on the market.

For sampling, the provisions referred to in Article 7 (2) shall apply in conjunction with Annex 3 to Directive 66 /401/EEC. The competent authority shall record the implementation of the monitoring. Unofficial table of contents

§ 5a Marketing of the placing on the market

(1) Seeds of preservation mixtures may only be placed on the market if the conservation mixture is accompanied by a certificate of inspection of a recognised certification undertaking. In the certificate, the recognised certification company must certify that the seed lot concerned has been manufactured with the inclusion of the recognised certification company and meets the requirements of § 4. (2) the competent authority shall, at the request of a certification company, recognise that:

1.

the staff employed shall have the knowledge and skills required to carry out the test and the reliability required,

2.

the company offers the assurance that it is able to carry out the test,

3.

an adequate control density is ensured; and

4.

the company has no economic interest in the outcome of the audit.

(3) The certification company shall demonstrate the professional knowledge and skills of the personnel employed by appropriate certificates and certificates. The certification company shall be obliged to notify the competent authority without delay of any changes to the conditions laid down in paragraph 2. The competent authority shall revoke the recognition if the conditions laid down in paragraph 2 are no longer met. The competent authority may revoke the recognition if the obligations set out in the second sentence are not fulfilled. In addition, the administrative procedural provisions on withdrawal and revocation remain unaffected. Unofficial table of contents

§ 6 Restriction of placing on the market

(1) The Federal Office of Germany shall set the maximum quantity of seed of species placed on the market in conservation mixtures of species covered by Directive 66 /401/EEC, as amended, in such a way as to ensure that the maximum amount of 5 of the seeds fixed by the said system is not A hundred of the total weight of all the seed mixtures which are placed on the market each year under Directive 66 /401/EEC, as amended, shall not exceed. (2) The applications for the allocation of the seed quantity shall be: Use of the forms of the Office of the Bundessortenamt up to that known in the sheet for varietal beings to make an appointment at the Bundessortenamt. A copy of the application shall be forwarded by the applicant to the competent authority. (3) The applicant shall indicate in the application:

1.

the name and address of the producer of the mixture,

2.

information as to whether it is a directly harvested or a grown mix;

3.

in the case of direct-harvested mixtures

a)

for the plant species covered by Directive 66 /401/EEC, as amended, the total quantity of seed requested,

b)

the size and location of the area at the point of removal from which the mixture is to be taken;

c)

the conservation mix number,

4.

in the case of mixtures cultivated for each plant species falling within the scope of Directive 66 /401/EEC, the quantity of seed applied for.

(4) The Federal Office of the Federal Office of Germany shall assign the quantities of seed to the applicants. If the sum of the quantities of seed requested by the applicants exceeds the maximum quantity laid down by the Federal Office of the Federal Office of Germany, the Federal Office of Germany shall assign the quantities of seed to the applicants for a partial reduction. (5) Those who are seed of conservation mixtures in shall, at the end of each calendar year, inform the Federal Office of the Office of the quantity of seed placed on the market in writing for each maintenance mix. Unofficial table of contents

Section 7 Closure

(1) Packages or containers of seed of maintenance mixtures shall be closed by that person and shall be provided with a fuse which has marked them. § 34 (2) and (4) of the seed regulation shall apply accordingly. (2) The fuses may not be interchangeable with colombs, banderoles or sealing marks for seed-approved seed after colour and inscription. (3) Is a closure according to paragraph In the case of mixtures directly harvested for technical reasons, the seed of these mixtures may also be placed on the market in packs or containers which are not closed and without a safety lock. Unofficial table of contents

§ 8 Labelling

(1) Seeds of a conservation mixture may be placed on the market only in packages on which a manufacturer's label, imprint or a stamp with the following information is located:

1.

the indication 'EU standard',

2.

the name and address of the manufacturer;

3.

depending on the method of harvesting, the indication "directly harvested mixture" or "grown mixture",

4.

the year of closure with the indication "closed ...",

5.

the area of origin,

6.

the source area,

7.

the place of withdrawal;

8.

the indication of "conservation mix",

9.

the conservation mix number,

10.

the indication "contains seed of a conservation variety", provided that a grown mixture contains seed of plant species listed in point 1.2 of the Appendix to the Regulation on the list of species listed in the Seed Transport Act,

11.

the percentage composition (% by weight) of the mixture; in the case of direct-harvested mixtures, it is sufficient to indicate the species or subspecies which are typical of the mixture for the habitat at the place of withdrawal;

12.

specified net or gross weight,

13.

in the case of weight and in the case of the use of granulated plant protection products, granulating substances or other solid additives, the nature of the additive and the approximate ratio between the weight of the seed and the seed Total weight,

14.

the ability to germinate constituents of mixtures made up in accordance with Article 3 (2) (4); if more than five of the constituents of the mixture in question do not meet the required germination standards, then an indication of one of the following shall be sufficient: Average value of germination.

(2) If a delivery note containing the complete information referred to in paragraph 1 (1) to (14) is added to the maintenance mix during the placing on the market, it is sufficient to bear on the label only the information referred to in paragraph 1 (1) to (5), (8) to (10) and (12) and (13). . Where the extent of the information referred to in points 6 and 7 of paragraph 1 makes it difficult to read the delivery note, such information may be omitted from the delivery note to the extent that the placing on the market is made by an appropriate declaration on the delivery note. obligation to inform the purchaser of the conservation mix immediately upon request in writing or by electronic means immediately. Unofficial table of contents

Annex (to § 2 (6) and (7))
Areas of origin and production areas

(Fundstelle: BGBl. I 2011, 2644-2645)
Nr.Production-Nr.Origin-Areas

1	North-West German lowlands	1	North-West German lowlands
		2	West German lowlands with Unterem Weserbergland
2	North East German lowlands	3	North East German lowlands
		4	Eastern German lowlands
		22	Uckermark with Odertal
3	Central German flat and hilly land	5	Middle German deep and hilly land
		20	Sächsisches Löss-und Hügelland
4	West German mountain and hilly land	6	Oberes Weser-and Leinebergland with resin
		7	Rheinisches Bergland
		21	Hessisches Bergland
5	South-East and East German mountain	8	Erz-and Elbsandsteingebirge
		15	Thuringian Forest, Fichtelgebirge and Vogtland
		19	Bavarian and Oberpfälzer Wald
6	South-west German mountain and hilly land with Upper Rhine ditch	9	Oberrheingraben with Saarpfälzer Bergland
		10	Black Forest
7	Southern German mountain and hilly land	11	South West German Bergland
		12	Fränkisches Hügelland
		13	Swabian Alb
		14	Fränkische Alb
8	Alps and Alpine foothold	16	Unterbayerische Hügel-und Plattenregion
		17	Southern Alpine foothold
		18	Northern Limestone Alps

Source, pp. 26-28: " Prasse, R., Kunzmann, D. & R. Schröder (2010): Development and practical implementation of minimum nature protection requirements for a certificate of origin for locally grown crop seed of herbal plants. Final report of a research project funded by the DBU of the Institute for Environmental Planning of the Gottlieb Wilhelm Leibniz Universität Hannover in cooperation with the Association of German Wildseeds and Wildlife Plants e. V., Unpublished Manuscript, 166 S. "