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Order Of 16 July 1990 That Modify The General Technical Regulations For Control And Certification Of Seeds And Nursery Plants, And Technical Regulations Of Control And Certification Of Seeds Of Cereals, Maize, Sorghum, Sugar Beet,...

Original Language Title: Orden de 16 de julio de 1990 por la que se modifican el Reglamento General Técnico de Control y Certificación de Semillas y Plantas de Vivero, y los Reglamentos Técnicos de Control y Certificación de Semillas de Cereales, Maíz, Sorgo, Remolacha, ...

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TEXT

The need to adapt the specific legislation on seed control and certification to the directives of the Council of the European Economic Community 87/480 EEC, 88 /380/EEC and 89 /2/EEC amending the Directives 66 /400/EEC, 66 /401/EEC, 66 /402/EEC, 66 /403/EEC, 69 /208/EEC and 70 /458/EEC on the marketing of beet seed, fodder plants, cereals, seed potatoes, oil and fibre plants and horticultural plants, respectively, as well as the the desirability of introducing some amendments to bring this legislation into line with the Current circumstances require a change to the existing rules. For all the above, I have:

First.

Chapter V: Precinct of seeds and nursery plants, of the General Technical Regulation of Control and Certification of Seeds and Plants of Vivero, approved by Order of 23 May 1986, and modified by Order of 26 of November 1986, in the following terms:

1. Paragraph 20 of this Chapter V shall be replaced in its entirety by the following:

" 20. The contents of the packages or packages constituting a lot shall be indicated by a label issued by the Institute or by an indelible printing on the packaging containing the particulars to be included on the said label, except for the particulars provided for in this small packages or for seed of standard categories.

The colour of the official label shall be white with a violet diagonal strip for prebase seeds; white for basic seed or nursery plants; blue for certified and certified first reproduction; red for the certificates of successive reproductions, and for commercial reproductions.

Official labels, in the case of basic and certified seed, shall contain at least the following data:

Heading with the name or acronym of the Institute (INSPV) and the country (Spain).

Enrollment: '' EEC Rules and Rules ''.

The reference number of the batch and number of the label.

Species indicated, at least, in Latin characters.

Variety indicated, at least, in Latin characters.

Category.

Production country.

Month and year of the seal (sealed date) or month and year of the last official sampling.

Declared weight (gross, net, or number of seeds).

In case of use of solid additives (bollards, etc.) the nature of the additive and the approximate proportion between the weight of the seeds themselves and the total weight must be indicated.

When it comes to hybrid varieties or blood lines:

For seed of base category or previous generations, belonging to hybrids or pure lines, registered in the Register of Trade Varieties, the name shall be indicated with which they are registered, with or without reference to the final variety, accompanied by the word 'component', when it is intended exclusively for the production of the said final variety.

For gold cases of basic seed or previous generations, the name of the component to which the seed belongs, which may be quoted in a coded form, shall be indicated, together with a reference to the final variety, with or without indication of their function (male or female) and accompanied by the word '' component ''.

For certified seeds, the name of the variety to which they belong will be accompanied by the word '' hybrid ''.

The prebase seed labels will include the following data in addition to the data indicated above:

Number of generations to certified seed.

For all cases, on the back of the official labels the following text will appear: '' From this lot, the ... has taken in storage a sample during the operations of the seal, the one that remains duly preserved by a (a) a maximum of 12 months for the validity of the seal '', the reference of the current administration or control services must appear in the blank space.

On the basis of the prebase and base seed labels, the following text will appear on the back: '' The farmer-contributor will keep this label available to the staff inspector of the official services. control ''.

In the labels of certified seed of first reproduction, the following shall appear on the back, following the text first mentioned: " When the seed contained in this container is intended for new reproduction, the farmer-contributor shall keep this label at the disposal of the inspection staff of the official control services. "

For commercial seed, the official label data shall be those indicated for the base and certified category, with the exception of the mention to the variety, and including the text "not certified as variety".

Also, the data 'production country' 'should be replaced with the '' production zone' '.

The official label size, in all cases, will be at least 110 by 67 millimeters. "

2. The following paragraph shall be added at the end of paragraph 22 of Chapter V:

"In the case of the prebase, base and certified category, the labels or instructions of the producer and, where appropriate, of the importer, shall be drawn up in such a way that they cannot be confused with the official labels."

3. The following paragraph shall be inserted after paragraph 26:

" 26a. In cases where this is specified in the corresponding Technical Regulations for the Control and Certification of Seeds, seed collected in any Member State shall be officially certified as certified seed. of the European Economic Community, provided that they have been the subject of a field inspection and an official examination to verify that the requirements laid down for the seed of the relevant category are met. The seed referred to above, and which may be certified, must come directly from basic seed, certified seed or certified seed of first reproduction, officially certified in one or more States. members of the European Economic Community or in a third country to which equivalence has been granted, or directly from the crossing of basic seed officially certified in a Member State, with basic seed officially certified in the abovementioned third countries.

Where in such cases the seed has been produced directly from officially certified seed of generations prior to the basic seed, official certification may be authorised as basic seed, if meet the requirements laid down for that category. '

4. The following shall be added to paragraph 26a, paragraph 26b, with the following text:

" 26b. The seed referred to in the preceding paragraph, collected in Spain and intended for final certification in another Member State shall:

(a) To be sealed, sealed and marked with an official label that meets the following requirements:

Be gray.

Contain the following information:

Heading: INSPV-Spain.

The name or acronym of the authority that performed the field inspection.

Species indicated, at least, in Latin characters.

Indicated variety, at least, in Latin characters; in case of varieties (pure lines, foundational hybrids) intended solely for components of hybrid varieties, the word "component" will be added.

In the case of hybrid varieties, the word "hybrid".

Category.

Field or batch reference number.

Net or gross weight declared.

Enrollment: Seeds not definitively certified.

b) To be accompanied by an official document containing the following definition:

Authority that issues the document.

Species indicated, at least, in Latin characters.

Variety indicated, at least, in Latin characters.

Category.

The reference number of the seed used and the name of the country or countries that would have certified that seed.

Field or batch reference number.

Cultivated area for seed production comprising the lot covered by this document.

Quantity of seed collected and number of containers:

In case of prebase seeds, number of generations up to base seed.

In the case of certified seed, number of reproductions that have occurred after the base seed.

Certificate that the crops from which the seeds originate have met the required requirements.

Where appropriate, results from a preliminary seed analysis. "

5. The following paragraph shall be added to paragraph 26b:

" 26c. In cases where this is specified in the corresponding technical regulations for the control and certification of seed, seed collected in a third country shall be officially certified as a certified seed, if the have been the subject of a field inspection which complies with the conditions laid down in Community decisions on equivalence with third countries, and if an official examination proves that the conditions laid down for seed are met. of the relevant category. The seed referred to above and which may be the subject of certification must be carried out directly from basic seed, certified or certified for the first time, officially certified in one or more Member States of the European Economic Community or in a third country to which equivalence has been granted, or directly from the crossing of basic seed officially certified in a Member State with a base seed officially certified in those Member States third countries. "

Second.

The Technical Regulation on the Control and Certification of Cereal Seeds, adopted by Order of 1 July 1986 and amended by the Orders of 26 January 1988, 5 July 1988 and 6 October 1988, is amended in the Following terms:

1. Chapter II, Category of seeds, is replaced by the following:

" CHAPTER II

Seed categories

1. For non-hybrid varieties of oats, red oats, oatmeal, barley, rice, triticale. common wheat, durum wheat, round wheat and minor shock, the following seed categories are allowed:

Parental material.

Prebase seeds.

Base seeds.

First-play certified seed (R 1).

Second-Replay Certified Seed (R-2).

2. For the varieties of piste, except for their hybrids; rye and for hybrid varieties of oats, barley, rice, common wheat, durum wheat and minor scanda, the following categories of seed are allowed:

Parental material.

Rebase seeds.

Base seeds.

Certified seeds.

3. It is understood by.

3.1 Parental Material: The initial unit used in the conservation of the variety and constitutes the G-0 generation.

3.2 Prebase seeds Any of the generations preceding the base seed, with the exception of parental material.

3.3 Base seeds of non-hybrid varieties of Avena, red oats, oat oestrigosac barley, rice, piste, rye, triticale, common wheat, durum wheat, round wheat and minor shock, are the seeds:

(a) Obtained from the third generation (G-3) of prebase seed, except in varieties of breeder in which a different generation has been admitted, according to the method of conservation accepted by the inclusion of the variety in the Commercial Varieties Registry.

b) That their destination is the production of category seed: "certified seed", "certified first-reproduction seed (R-1)" or "certified second-reproduction seed (R-2)".

(c) Which meets the relevant requirements of Annex 1 and Annex 2 to this Technical Regulation for this category, with such an end being checked by the mandatory official control.

3.4 Base seed of hybrid varieties of oats, barley, rye, rice, common wheat, durum wheat and minor shock, are the seeds:

a) Processed from the mutiplication of parental material, by a controlled process, and that are intended to produce hybrids.

(b) Which meet the corresponding requirements of Annex 1 and 2 of this Technical Regulation for this category, with such an end being checked by the mandatory official control.

3.5 Certified allspice seeds, except their hybrids; rye and hybrid varieties of oats, barley, rice, common wheat, durum wheat and minor scanda, are the seeds:

(a) Which are derived directly from basic seed or, at the request of the breeder, from seed of a generation prior to the basic seed, provided that the requirements for this category are met in Annex 1 and 2 of this Technical Regulation.

b) That your destination is not seed production.

(c) which comply with the relevant requirements of Annex 1 and Annex 2 to this Technical Regulation for this category, with such an end being verified by the mandatory official control.

3.6 Certified first-play seeds (R-1) of non-hybrid varieties of oats, red oats, oatmeal, barley, rice, triticale, common wheat, durum wheat, round wheat and minor scanda, are the seeds:

(a) Which are derived directly from basic seed or, at the request of the breeder, from seed of a generation prior to the basic seed, provided that the requirements for this category are met in Annex 1 and 2 of this Technical Regulation.

b) That their destination may be the production of certified second-reproduction (R-2) seed or other than seed production.

(c) which meet the corresponding requirements of Annex 1 and 2 of this Technical Regulation for this category, with such an end being checked by the mandatory official control.

3.7 Certified Second Reproduction Seeds (R-2) of non-hybrid varieties of oats, red oats, oatmeal, barley, rice, triticale, common wheat, durum wheat, round wheat and minor scanda, are the seeds:

(a) That are derived directly from basic seed, from certified seed of primary breeding (R-1) or, at the request of the breeder, from seeds of some generation prior to the basic seed, provided that it meets the requirements from the base seed.

b) That your destination is not seed production.

(c) which comply with the relevant requirements of Annex 1 and Annex 2 to this Technical Regulation for this category, with such an end being verified by the mandatory official control. "

2. In observations of Annex 2, the seed requirements shall be added, after the last paragraph, the following:

" In exceptional cases, by Resolution of the General Directorate of Agrarian Production, the marketing, restricted to the Spanish territory, of triticale seed items that do not reach the limit, may be authorized. Tax for the minimum germination power, provided that the minimum germination power is more than 80 per 100 and the remaining requirements are met. In such cases, the actual germination of the lot shall be expressed on the product labels, and the Registration shall be placed on the official labels:

Minimum germination power 80 per 100.

Intended exclusively for SPAIN. "

3. The following paragraph shall be added at the end of Chapter IV, Seed production:

" 5. º For the species included in this Regulation, the provisions of paragraphs 26a, 26b and 26c of the General Technical Control and Certification Regulations of Semillas and Plants of Vivero, concerning seed, shall apply. certified definitively, and only in cases where they originate from the multiplication of seed of categories, prebase, base and certified first reproduction. "

4. The following shall be added to the table in Annex 2, Seed

:

After the word oatmeal: "Y scan minor".

After the minor and rice scanned words, the call: "(**)".

At the end of the box, behind the exposed in the first call (*):

"(**) other than their respective hybrids."

Third.

The Technical Regulation on the Control and Certification of Seeds of Corn, approved by Order of 1 July 1986 and amended by Order of 6 October 1988, is amended in the following terms:

1. The following paragraph shall be added at the end of Chapter IV: Seed production:

" (f) For maize seed, the provisions of paragraphs 26a, 26b and 26c of the General Technical Control and Certification Regulation of Seeds and Plants of Vivero, concerning uncertified seed, shall apply. definitively, and only in cases where it comes from the multiplication of seed of prebase or base category. '

Fourth.

The Technical Regulation on the Control and Certification of Sörgo Seeds, approved by Order of 1 July 1986, and amended by Order of 6 October 1988, is amended in the following terms:

1. At the end of Chapter IV. Seed production, the following paragraph is added:

"(f) For seeds of species of the genus" sorghum spp ", the provisions of paragraphs 26a, 26b 26c of the General Technical Control Regulation and Certification of Seeds and Plants of Vivero, concerning seeds, shall apply. not definitively certified, and only in cases where they are derived from the multiplication of seed of prebase or base category. '

Fifth.

The Technical Regulations for the Control and Certification of Seeds of Oil Plants, approved by Order of 1 July 1986, and amended by Order of 13 October 1987, are amended in the following terms:

1. In Chapter V, Seed Precinct, a nine paragraph is added in the following terms:

" d) For the species included. This Regulation shall apply the provisions of paragraphs 26a, 26b and 26c of the General Technical Control and Certification Regulation of Seeds and Plants of Vivero, concerning seeds not definitively certified, and only in cases where come from the seed multiplication of the following. categories:

Soy, peanut and oilseed: Prebase, base and certified first reproduction.

Rest of species: Prebase and base. "

2. In the table in Annex 2, Seed requirements, and in the column corresponding to 'Rumex spp', other than 'Rumex acetosella', the figures appearing for Colza, Mostaza negra, Mostaza de la China and Nabina, shall be replaced by the following: the following:

" Colza:

Prebase and base seeds: 2/100 grams.

Hotbeds: 5/100 grams.

Black Mustard and China's Mostaza:

Prebase and base seeds: 2/40 grams.

Certified seeds: 5/40 grams.

Nabina:

Prebase and base seeds: 2/70 grams.

Ratified seeds: 5/70 grams. "

Sixth.

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. The following paragraph shall be added to paragraph VI, Seed Precinct:

" (d) For the species included in this Regulation, the provisions of paragraphs 26a, 26b and 26c of the General Technical Regulation for the Control and Certification of Seeds and Plants of Vivero, concerning seeds, shall apply. certified definitively, and only in cases where it comes from the multiplication of seed of prebase, base or certified first reproduction. '

Seventh.

The Technical Regulation for the Control and Certification of Seeds and Fodder Plants, approved by Order of 1 July 1986, as amended by the Orders of 13 October 1987 and 6 October 1988, is amended in the following terms: following:

1. In Chapter II, Seed Categories:

1.1 Paragraph II.1 is replaced by the following:

" II.1 Seed categories are supported:

Parental material.

Test seed.

Base seed.

Seed certified.

Commercial Seed. "

1.2 Paragraph II.4 is replaced by the following.

" II.4 With the exception of alfalfa ecotypes in what can be admitted up to a second certified seed reproduction (R-2), only a single reproduction of the said category is allowed. Exceptionally, the Ministry of Agriculture, Fisheries and Food may authorise the production of a second certified seed reproduction. "

2. In Chapter V, Seed Precinct, a new paragraph is added, with the following text:

" V. 5 For the species included in this Regulation, the provisions of paragraphs 26a shall apply. 26b and 26c of the General Technical Regulation for the Control and Certification of Seeds and Plants of Vivero, concerning seeds not definitively certified, and only in cases where they originate from the multiplication of seeds of prebase, base or certified. "

3. In Chapter VIII, Marketing; Section VIII.2, Seed repackaging, the first paragraph shall be replaced by the following:

"The repackaging of locust beans, alholva, lunch, lupin, spout, peas, beans, vetches, yeros and zulla shall not be permitted without the need for a new official seal."

4. In Annex III, Labels; paragraph A), an indication of the official labels, the following shall be

:

" In paragraph (a), the word prebase, before the basic word, and in the fifth and sixth indents, after each of the words species and variety: indicated at least in Latin characters.

In paragraph (b), in the sixth indent, after the word species (1): Indicated at least in Latin characters.

In paragraph (c), the fifth indent is replaced by the following: Proportion by weight of the different components of the mixture, indicated by species and, where appropriate, by varieties, both at least, in Latin characters. It is sufficient to mention the name of the mixture, if the composition of the mixture is given in writing, and if the name of the buyer is given in writing. mixture has been officially registered.

In paragraph B), indication. of the labels of the producer or inscription on the packaging (small EEC packaging):

In paragraph (a), after the sixth and seventh indents, it is added: Indicated at least in Latin characters.

In paragraph (b), after the sixth indent, it shall be added: Indicated at least in Latin characters.

In paragraph (c), the ninth indent is replaced by the following: Proportion by weight of the different components of the mixture, indicated by species and, where appropriate, by varieties, both at least, in Latin characters. It is sufficient to mention the name of the mixture, if the composition of the mixture is given in writing, and if the name of the corresponding mixture has been officially registered. "

5. Chapter IX, Transitional Provisions, is replaced by:

" CHAPTER IX

TRANSIENT DISPOSITION

May be marketed in Spain until 30 June 1991, with a category of "commercial seed", the same requirements being required for these seeds as for certified seed, except for varietal purity, seeds of:

Sheep Festuca L.

Trifolium incarnatum L.

Trifolium repinatum L.

Vicia sativa L.

Vicia villosa Roth. "

Eighth.

The Technical Regulation for the Control and Certification of Beetroot Seeds, approved by Order of 1 July 1986, amended by Order of 18 November 1988, is amended in the following terms:

1. In Chapter V, Seed Precinct, a new paragraph is added, with the following text:

" 5. For beet seed, the provisions of paragraphs 26a, 26b and 26c of the General Technical Regulation for the Control and Certification of Seeds and Plants of Vivero shall apply, concerning seeds not definitively certified, and only in the cases in which they originate from the seed multiplication of the prebase or base categories. '

2. In Chapter VIII, Official labels, the following paragraph shall be added: E indication of whether sugar beet or fodder beet is concerned.

3. In Annex L, General requirements for the production processes, in paragraph (b), minimum isolates, point 2, (b) of fodder beet, the sixth paragraph shall be deleted in full, which states: ' Where the pollinator provided for is exclusively tetraploid, of a diploid forage beet pollen foci: 300 m ".

4. In Annex III, indication of the label of the producer or entry in the package (small EEC packaging), it shall be added after the word variety indicated at least in Latin characters. '

Ninth.

The Technical Control and Certification Regulations of Siembra Patata, approved by Order of 24 May 1989, are amended in the following terms:

1. In Annex IV, Indications of the official labels, following each of the words species and variety shall be added: "Indicated, at least, in Latin characters".

Tenth.

The Technical Regulations for the Control and Certification of Seeds of Horticultural Plants, approved by Order of 1 July 1986, amended by Order of 6 October 1988, are amended in the following terms:

1. In Chapter I, Species subject to the Technical Regulation, the names:

" Cichorium intybus L. var. sativum Lamex D.C. Coffee chicory.

They will be replaced by:

Cichorium intybus L. (partim.). Industrial chicory.

And the denominations:

Cichorium intybus L. var. foliosum Bisch. Endibia or chicory of Brussels.

They will be replaced by:

Cichorium intybus L. (partim.). Endibia, wild chicory (Italian chicory). '

2. In Chapter II, Seed Category, the following shall be

:

"The seeds of Cichorium intybus L (partim.): Industrial chicory, may not be placed on the market more than if they belong to the categories" Prebase seeds "," base seeds "or" certified seed ", provided they satisfy the requirements laid down in Annex I and II.

The seeds of the other species covered by this Regulation may be marketed only if they belong to the category 'Prebase seeds', 'Base seeds', 'certified seed' 'Standard seeds', provided that comply with the requirements laid down in Annex I and II. '

3. In Chapter IV, Varietal denominations, the current text is replaced in full by the following:

" CHAPTER IV

Varietal Denominations

The varietal denominations of the seeds of horticultural plants that are marketed will be exactly those listed in the Register of Trade Varieties or in the Common Catalogue of Plant Varieties. Horticulture of the EEC. If there is no list of commercial varieties for a particular species, or not included in the Common Catalogue of Varieties of Horticultural Plants of the EEC, the varietal denomination shall comply with the rules in respect of the Regulation. General of the Varieties Registry.

For varieties known to be known before 1 March 1986, it may be mentioned on labels or inscriptions on packaging, in addition to the data prescribed in Section X.2, the name of a determined conservative selection of the variety, provided that it has previously been declared to the National Institute of Seed and Plant of Vivero, and does not refer to special properties related to this conservative selection. This indication shall be followed by the varietal denomination, which shall be clearly separated, preferably by a dash, and shall not be more than the varietal denomination.

From a given date, which shall be fixed before 1 July 1992, in accordance with the procedure laid down in EEC legislation, only those conservative selections declared with respect to the before the date to be fixed. "

4. In Chapter V, seed production, the following paragraph shall be

:

" V. 5. For the species included in this Regulation, the provisions of paragraphs 26a, 26b and 26c of the General Technical Regulation for the Control and Certification of Seeds and Plants of Vivero, concerning non-certified seeds, shall apply. definitively, and only in cases where it comes from the multiplication of seed of prebase or base category. '

5. In Chapter X, Marketing, the heading X.2, the producer's labels, shall be replaced. by " X.2. Tags ", modifying the current text with the inclusion of a first paragraph, which reads as follows:

" The seed of the prebase, base and certified categories shall bear an official label which shall comply with the requirements of Chapter V, Article 20 of the General Technical Control Regulation and Certification of Seeds and Plants of Nursery, indicating the name of the species and the variety, at least, in Latin characters. "

The last paragraph of that X.2 item is deleted, and the following is added:

" In the case of basic and certified seed, the labels or inscriptions of the producer and, where appropriate, of the importer shall be drawn up in such a way that they cannot be confused with the official label mentioned above.

In the case of seed of standard category, except in the case of small packages, the information provided for the label, or entry in the package, as prescribed in Annex VII, shall be clearly separated from: any other information on the label or on the packaging. '

6. In Annex I, paragraph (d), the names 'Coffee chicory' are replaced by 'Industrial Achicoria' and point 1 is replaced by the following:

" 1. For parcels of other species of the same genus or other subspecies: 1,000 m. '

In point 2, the chicory names of coffee for industrial chicory shall also be replaced.

7. In Annex II, seed requirements, the words 'Coffee chicory' shall be replaced by the words 'Industrial Achicoria', and the words corresponding to figures of specific purity: 95, germination, 65, and maximum content of seed of other species: 1.5, shall be replaced by: 97, 70 and 1 respectively. The words endibia or chicory of Brussels shall be replaced by Endibia, wild chicory (Italian chicory).

8. In Annex V, minimum samples and storage periods shall be replaced by the words 'chicory' of coffee by the industrial chicory, and the minimum weight of the sample (in grams), corresponding to 15, shall be replaced by the weight of 50. In addition, the words of Brussels or chicory shall be replaced by endibia, wild chicory (Italian chicory).

FINAL DISPOSITION

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, July 16, 1990.

ROMERO HERRERA

Ilmo. Mr. Director General of Agricultural Production. Madrid.