Commission Directive 2003 /45/EC of 28 May amending Council Directive 2002/57/EC of 13 June on the marketing of seed of oil and fibre plants makes it necessary to amend the Regulation of the Technical Control and Certification of Seeds of Oil Plants, approved by Order of 1 July 1986 and last modified by the Order of 5 June 2003, and the Technical Regulation of Control and Certification of Seeds of Textile Plants, adopted by Order of 1 July 1986 and last amended by Order of 17 July 1986 1996, in order to incorporate Directive 2003 /45/EC into national law.

In the elaboration of this Order the Autonomous Communities and the sectors affected have been consulted.

In its virtue, I have:

Article 1. Amendment of the Order of 1 July 1986 approving the Technical Regulations for the Control and Certification of Seed Plants of Oil Plants.

The Technical Regulations for the Control and Certification of Seeds of Oil Plants, approved by Order of 1 July 1986, are amended in the following terms:

1. In Chapter IV, paragraph (a) is replaced by the following:

" (a) Requirements for production processes: Except as provided for in paragraph (b) for generations prior to the basic seed, in paragraph (d) for the production of seed of sunflower hybrids and in paragraph e) for the production of seed of parental lines and colza hybrids, the seed production fields must meet the requirements set out in Annex number one. '

2. In Chapter IV, paragraph (e) and (f) shall be deleted and shall become paragraph (h).

3. In Chapter IV, new paragraphs (e), (f) and (g) are set out in the following content:

" (e) Special requirements for the production of seed of parental lines and colza hybrids:

e) 1. Previous crops.-The cultivation will take place in a field where no cruciferous crops have been cultivated in the last five years.

e) 2. Isolation.-The distance from pollen sources that can produce a harmful foreign pollination shall be at least 500 m in the case of basic seed production, and at least 300 m in the case of certified seed production. These distances may not be observed when there is sufficient protection against any undesirable foreign pollination.

e) 3. Plants out of type.-The maximum permitted percentages of plants out of type, shall be as follows:

For base seed production:

If the base seed is a pure line: 0.1% If the base seed is a simple hybrid:

Male Parental: 0.1%

Female Parental: 0.2%

For certified seed production:

Male Parental: 0.3%

Female Parental: 1.0%

e) 4. Androsterility. -When an androsterile component is used, its maximum permitted content in plants capable of emitting pollen shall be as follows:

Base seed production: 1%

Certified seed production: 2%

These percentages will be determined by examining the flowers to check the absence of fertile anthers.

e) 5. Inspections.-The number of field inspections shall be at least three: the first before flowering, the second at the beginning of the flowering, and the third at the end thereof.

(f) Seed requirements: The seed of the different categories must meet the requirements set out in Annex 2, except for the varietal purity of the parental and hybrid seed rape seed, which shall be as set out in paragraph (g).

g) Special requirements for colza's parent and hybrid seed:

In the case of rape hybrids produced using androsterility, the seed shall have sufficient identity and purity as to the varietal characteristics of its components, including, as the case may be, androsterility. or the restoration of fertility.

The minimum varietal purity of the seed will be as follows:

Type	Minimum Varietal Purity (%)
Seed (female component)	99.0
seed (male component)	99.9
Seed	90.0

To be able to seal the certified seed it will be necessary to have satisfactory results of an official field post-control carried out with samples of base seed taken officially and carried out during the same the vegetative period in which the certified seed is being produced, in order to confirm that the basic seed complies with the requirements laid down for identity and purity, including androsterility.

The varietal purity of the hybrid seed shall be verified by official post-control tests performed on officially taken samples.

For both the base seed and the colza hybrid certificate, varietal purity may be evaluated by appropriate biochemical methods, rather than by field post-control testing. "

4. In Chapter VIII, at the end of paragraph (e), the following paragraph is added:

"In the labels of varietal associations, instead of the name of the variety, the indication" varietal association " and its name shall be indicated, and the percentages by weight of the various components broken down by varieties. It is sufficient to mention the denomination of the varietal association, if the composition of the varietal association is given in writing, and if the name has been officially registered. "

Article 2. Amendment of the Order of July 1, 1986, which approves the Technical Regulations for the Control and Certification of Textile Plant Seeds.

The Technical Regulations for the Control and Certification of Textile Plant Seeds, approved by Order of 1 July 1986, are amended in the following terms:

1. In Chapter IV, paragraph (a) is replaced by the following:

" (a) Requirements for production processes: Except as provided for in paragraph (b) for generations prior to the basic seed and in paragraph (d) for the production of seed of parental and hybrid cotton lines, the seed production fields must meet the requirements set out in Annex number one. '

2. In Chapter IV, paragraphs (d) and (e) become respectively (e) and (f).

3. In Chapter IV, following paragraph c), a new paragraph (d) is included:

" (d) Special requirements for the production of seed of parental and hybrid cotton lines:

d) 1. Isolation. -Minimum distances to pollen sources that can produce a harmful, strange pollination will be as follows:

For the production of basic seed of Gossypium hirsutum parental lines: 600 m.

For the production of base seed of parental lines of Gossypium Barbadense: 800 m.

For the production of certified seed of intra-specific hybrids of Gossypium hirsutum: 200 m.

For the production of certified seed of intra-specific hybrids of Gossypium barbadense: 600 m.

For the production of certified seed of interspecific hybrids of Gossypium hirsutum and Gossypium barbadense: 600 m.

These distances may not be observed when there is sufficient protection against any undesirable foreign pollination.

d) 2. Plants out of type. -The maximum permitted percentages of out-of-type plants will be as follows:

For base seed production: 0.2%

For certified seed production: 0.5%

These percentages shall be required from the moment at least 5% of the plants of the female parent have flowers receptive to the pollen.

d) 3. Androsterility.-In the female parent, the maximum permitted content of plants capable of emitting pollen will be as follows:

Base seed production: 0.1%

Certified seed production: 0.3%

These percentages will be determined by examining the flowers to check the absence of fertile anthers.

d) 4. Inspections.-The number of field inspections shall be at least three: the first at the beginning of the flowering, the second before the end of the flowering, and the third at the end of the flowering, after the removal of the plants from the male parent. "

Final disposition first. Competence title.

This provision is made in accordance with Article 149.1.13 of the Constitution, which gives the State exclusive competence in the field of bases and coordination of the general planning of economic activity.

Final disposition second. Entry into force.

This provision shall enter into force on 31 December 2003.

Madrid, 20 November 2003.

CANETE ARIAS