Regulation On The Placing On The Market Of Seed Of Preservation Mixtures

Original Language Title: Verordnung über das Inverkehrbringen von Saatgut von Erhaltungsmischungen

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Regulation on the placing on the market of seeds of conservation mixtures (conservation mixing regulation)

Non-official table of contents

ErMiV

Date of expend: 06.12.2011

Full quote:

" Compliance Ordinance of 6. December 2011 (BGBl. 2641), which was last amended by Article 4 of the Regulation of 6 June 2008. January 2014 (BGBl. I p. 26) "

:Last modified by Art. 4 V v. 6.1.2014 I 26

See Notes

Footnote

(+ + + Text Evidence: 15.12.2011 + + +)

The V for details on the stand. has been referred to as Article 1 of the V v. 6.12.2011 I 2641 issued 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. Non-official table of contents

§ 1 Scope of application

The regulation applies to the marketing of seed of conservation mixtures which, in addition to Species which are not listed in the list of species to be used in the seed transport law shall also contain seeds of the species listed in point 1.2 of the Annex to the Regulation on the list of species listed in the seed transport law. The Regulation does not apply to mulch, green cut, madgut and diaspora-containing soil. Non-official table of contents

§ 2 Definitions

For the purposes of this Regulation,
1.
Conservation mix:

a mixture of seeds of different genera, species, and subspecies, contributing to the conservation of the natural environment in the context of the conservation of plant genetic resources and as
a)
directly harvested mixture, or,
b)
made blend
placed on the market
2.
directly harvested mixture:

a mixture of seeds, which, as harvested, cleaned or uncleaned at the point of removal, is placed on the market
3.
A mixture of seeds:

a seed mixture, the individual species of which are harvested at the point of removal, in the production space in which the place assigned to the place of removal The area of origin is, by species, increased separately and in a composition that is typical of the nature of the habitat at the place of withdrawal, or that of a natural plant society, as would be created under the conditions at the place of destination, matches;
4.
Source territory:

an area,
a)
the article 4 (4) of Council Directive 92 /43/EEC of 21 June 1992, May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 327, 28.5.1992, p. 7), or
b)
which contributes to the conservation of plant genetic resources and has been identified in accordance with the characteristics of the plant genetic resources. Article 4 (4), in conjunction with Article 1 (k) and (l) of Directive 92/43/EEC, and which is managed, protected and supervised in a manner corresponding to Articles 6 and 11 of Directive 92 /43/EEC, including: legally protected biotopes within the meaning of § 30 of the German Federal Nature Protection Act
5.
Pick-up location:

the part of an area of origin situated in an origin area Source area where
a)
is taken from a directly harvested mixture,
b)
Starting seed for a built mix;
6.
Origin:

as such 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
7.
Production space:

the area associated with an origin or several originating areas where the propagation surfaces of a , the location of which is located in one of the areas of origin associated with this production area.
Table of contents

§ 3 Application for marketing authorisation for a conservation mix

(1) If you want to place conservation mixtures on the market, you need to be approved. This is to be requested by the competent authority before being placed on the market for the first time. The application shall be made by indicating 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 production of seed mixtures, the applicant shall make the following records for the checks carried out by the competent authority, and the latter shall: for six years:
1.
whether it is a directly harvested or a grown mixture,
2.
the maintenance mix number referred to in paragraph 3 and the amount of seed put on the market by the respective maintenance mix,
3.
the percentage composition (% by weight) of the mixture,
4.
in the case of mixtures that are used in the mixture, where the seed of the plant species listed in point 1.2 of the Annex to the Regulation on the list of species of species to be used for the seed transport law, the requirements for the germination of commercial seed in accordance with point III of Annex II to Council Directive 66 /401/EEC of the 14. June 1966 on the marketing of fodder plant seed (OJ L 327, 31.12.1966, p. 2298) in the version in force, the respective germination capacity,
5.
the original territory,
6.
the source area,
7.
the place of withdrawal, the type of habitat at the place of removal, and the year of the Removal,
8.
for a built-in mixture, in addition to the production space and the location of the propagating surfaces of the individual species.
In the case of the set 1 number In the case of mixtures directly harvested, it is sufficient to indicate the species or subspecies typical of the mixture for the habitat at the place of withdrawal.(3) The manufacturer of the conservation mixture shall give a maintenance mixed number for each mixture, 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 only be used within the the place of origin of the conservation mixture is placed on the market where
1.
a permit has been granted in accordance with § 3 paragraph 1,
2.
at the removal location of the maintenance mix has not been sown for at least 40 years before applying for the marketing authorisation referred to in Article 3 (1), unless it is a seed of a conservation mixture which has been produced in accordance with the provisions of this Regulation is,
3.
a directly harvested mixture
a)
with regard to the percentage composition (% by weight) and the germ ability of its constituent parts, the type of habitat of the pick-up location on a to restore another place,
b)
contains not more than 1% by weight of species or subspecies that do not meet the requirements of the percentage (c)
No seeds 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 an added blend, it is assured that
a)
it contains species or subspecies typical of the habitat type at the place of withdrawal and of importance for the preservation of the natural environment in the context of the conservation of genetic material.
b)
the seed of the species covered by Directive 66 /401/EEC, the requirements for commercial seed referred to in Annex II, Section III, in conjunction with columns 4 to 15 of the table in Section I (2) (A) of Annex II to Directive 66 /401/EEC,
c)
the multiplication of the respective components of the mixture is not carried out over more than five generations
5.
the Federal Office of the Federal Office of the Environment, which places the seeds on the market at the first commercial level, a quantity of seed shall be allocated in accordance with § 6.
In the case of point 4 (c) of the first sentence, the propagation shall be permitted even if a propagating surface is located directly on the boundary of two adjacent production rooms and in the following: adjacent production space.(2) Seeds of conservation mixtures or of their components may also be used up to 1. It is also possible to place on the market 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 originating in these areas of origin are located directly adjacent to the original area. 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. Non-official table of contents

§ 5 Monitoring by visual checks and audits

The competent authority monitors compliance with the requirements
1.
§ 4 number 3 by visual inspection at the removal site,
2.
§ 4 (4) (a) and (b) by examination of seed samples taken from the ingredients prepared for the placing on the market of seed mixtures or the seed mixtures prepared and packaged for placing on the market.
For sampling the provisions laid down in Article 7 (2) in conjunction with Annex 3 to Directive 66 /401/EEC. The competent authority shall record the implementation of the monitoring. Non-official table of contents

§ 5a Placing on the market

(1) Seeds of maintenance mixtures may only be placed on the market if: the conservation mixture is accompanied by a certificate from a recognised certification company. 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, identify a certification company where
1.
uses the staff of the knowledge and skills required to carry out the test, as well as the reliability required,
2.
the enterprise To be able to perform the check,
3.
a reasonable control density is ensured and
4.
the company has no economic interest in the outcome of the audit.
(3) The certification company has the professional knowledge and skills of the To demonstrate staff by means of 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. Non-official table of contents

§ 6 Restriction of placing on the market

(1) The Federal Office of the Federal Office of the Federal Government sets the maximum amount of the maintenance mix in the Marketing of seed of species covered by Directive 66 /401/EEC, as amended, in such a way as to ensure that the maximum quantity fixed is 5 of the hundred of the total weight of all the seed mixtures covered by the Directive 66 /401/EEC, as amended, is not to be placed on the market every year in the country.(2) Applications for the allocation of the quantity of seed shall be submitted to the Office of the Federal Office of the Federal Office by the date of the date announced in the Plant Variety Office, using the forms provided by the Federal Office of the Federal Office for Plant Variety. 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 manufacturer of the Mix,
2.
Information whether it is a directly harvested or a grown mixture,
3.
in directly harvested blends
a)
for the plant species covered by Directive 66 /401/EEC, as amended, the total quantity applied for seed,
b)
the size and location of the surface at the removal location from which the mixture is to be removed
c)
the Maintenance mix number
4.
for any type of plant which falls within the scope of Directive 66 /401/EEC, as amended by Directive 66 /401/EEC, which is the
(4) The 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 the Federal Office of Germany shall assign the quantities of seed to the applicants in terms of a proportion of the quantities of seed.(5) In the event of the placing on the market of seed of conservation mixtures, at the end of each calendar year the quantity of seed placed on the market shall be notified to the Office of the Federal Office in writing in writing. Non-official table of contents

§ 7 Closure

(1) packs or containers of seed of maintenance mixtures shall be closed by the person and with a fuse that marked it. § 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 packagings of recognized seed after colour and inscription.(3) Where a closure referred to in paragraph 1 is not possible for technical reasons directly harvested, the seed of these mixtures may also be placed on the market in non-contained packages or containers and without the closure of the containers be brought. Non-official table of contents

§ 8 Labelling

(1) Seeds of a maintenance mix may only be placed on the market in packages on which a manufacturer's label, imprint, or a stamp with the following information is located:
1.
the "EU Standard",
2.
name and address of the manufacturer,
3.
depending on the crop method, the "directly harvested mixture" or "built mix",
4.
the year of closure with the indication " closed ... ",
5.
the origin area,
6.
the source territory,
7.
the pick-place,
8.
the "maintenance mix",
9.
the conservation mix number,
10.
the note "contains seed of a conservation variety", if any Mixed seeds of plant species listed in point 1.2 of the Annex 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 directly harvested mixtures, it is sufficient to specify the species or subspecies which are part of the mixture for the mixture. Habitat at the removal location are typical,
12.
specified net or gross weight,
13.
in the case of the weight and in the case of the use of granulated plant protection agents, granulating agents or other solid additives, the type of additive and the approximate ratio between the weight of the pure seed and the total weight,
14.
the germination capacity for constituents of the mixtures according to § 3 paragraph 2 number 4; if more than five of the constituents of the mixture in question do not meet the required germination standards, then an indication of an average value of the germination capacity is sufficient.
(2) A delivery note containing the complete information referred to in paragraph 1 (1) to (14) shall suffice to list on the label only the information referred to in points 1 to 5, 8 to 10 and 12 and 13 of paragraph 1. 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. Non-official table of contents

Asset (to § 2 number 6 and 7)
Origin and Production Spaces

(find: BGBl. I 2011, 2644-2645)
Nr.Production Rare-Origin Areas
1 Nordwestdeutsches Tiefland 1 Nordwestdeutsches Tiefland
2 Westdeutsches Tiefland mit Unterem Weserbergland
2 Nordostdeutsches Tiefland 3 Nordostdeutsches Tiefland
4Ostdeutsches Tiefland
22 Uckermark with Odertal
3 Mitteldeutsches Flach-und Hügelland 5Middle German Low and Hügelland
20Sächsisches Löss- and Hügelland
4Westdeutsches Berg-und Hügelland 6Upper Weser and Leinebergland with resin
7Rheinisches Bergland
21 Hessisches Bergland
5 Southeast and East German mountainous country 8Erz-and Elbsandsteingebirge
15 Thüringer Wald, Fichtelgebirge and Vogtland
19 Bayerischer und Oberpfälzer Wald
6Südwestdeutsches Berg-und Hügelland mit Oberrheingraben 9 Oberrheingraben mit Saarpfälzer Bergland
10 Schwarzwald
7Süddeutsches Berg-und Hügelland 11 Südwestdeutsches Bergland
12Fränkisches Hügelland
13Schwäbische Alb
14 Fränkische Alb
8 Alpen and Alpenvorland 16 Unterbayerische hills-und diskregion
17Southern Alpine foothold
18Nördliche Kalkalpen
, pp. 26-28: " Prasse, R., Kunzmann, D. & R. Schröder (2010): Development and Practical implementation of minimum natural protection minimum requirements for a certificate of origin for locally grown plant seeds of herbal seeds. 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. "